Non-molestation orders are focused on protecting individuals and children from harmful behaviour. The court looks beyond single incidents and considers whether protection is necessary to prevent future harm.

This includes assessing:

• Patterns of behaviour, not just isolated events

• Threats, intimidation, or controlling conduct

• The impact on emotional and physical safety

• Any risk of escalation

Clear presentation of risk is critical in these applications.

Occupation orders deal with rights to occupy the family home, regardless of who owns or rents the property. These orders can fundamentally change living arrangements in the short to medium term.

The court may:

• Require one person to leave the home

• Prevent a return to the property

• Restrict access to certain areas

• Set conditions on occupation

Housing decisions are closely linked to safety and welfare considerations.

In cases where there is an immediate risk of harm, the court can make orders without giving advance notice to the other party. These applications must justify both the urgency and the lack of notice.

The court will consider:

• The immediacy of the risk

• Whether giving notice could increase danger

• The need for temporary protection pending a full hearing

Urgent applications require precise legal framing and evidence.

Written evidence is central to non-molestation and occupation order cases. The court relies on clear, factual accounts to understand what has happened and why intervention is required.

Effective evidence typically:

• Sets out events chronologically

• Explains the impact on safety or wellbeing

• Identifies recent or escalating behaviour

• Supports the need for protection

Poorly structured evidence can undermine otherwise strong cases.

For occupation orders, the court must apply the balance of harm test. This involves weighing the harm likely to be suffered by you or a child if the order is not made against the harm the other party may suffer if it is.

Factors often include:

• Risk of violence or abuse

• Housing needs and alternatives

• Financial circumstances

• The welfare of any children

This test is often decisive in occupation order decisions.

Protective orders are usually time-limited and may include specific conditions designed to manage risk.

This can involve:

• Fixed durations with review dates

• Behavioural restrictions

• Powers of arrest for breaches

• Enforcement through criminal or family courts

Understanding the consequences of breach is essential.