When relationships break down, especially those involving domestic violence or abuse, it is crucial to know the legal tools available to protect yourself and your loved ones. Two such legal measures in the Auckland are Non-Molestation Orders and Occupation Orders. While they serve different purposes, both are vital in ensuring safety and security during turbulent times. In this blog, we’ll explore what these orders are, how they work, and how you can apply for them.
Non-Molestation Orders
A Non-Molestation Order is a type of injunction designed to protect an individual and their children from harassment, threats, or violence by a partner, ex-partner, or family member. Under the Family Law Act 1996, this order prohibits the abuser from engaging in behaviour that can cause harm or distress.
What does a Non-Molestation Order cover?
A Non-Molestation Order can prevent the abuser from:
- Using or threatening physical violence – This includes any act of physical harm or threats that create fear of such harm.
- Harassment or intimidation – Any action intended to cause emotional or psychological distress, such as repeated unwanted contact or verbal abuse.
- Contacting the victim – This includes direct communication via phone, email, or social media, as well as indirect communication through third parties.
- Entering specific locations – The order can prohibit the abuser from coming near your home, workplace, or children’s school.
Who can apply for a Non-Molestation Order?
You can apply for a Non-Molestation Order if you are:
- A current or former spouse or civil partner of the abuser.
- Cohabiting or previously cohabited with the abuser.
- In an intimate relationship with the abuser for a significant period.
- A family member (e.g. parent, child, or sibling).
How to apply
Applications for a Non-Molestation Order are made to the Family Court. In cases where there is immediate danger, an emergency order (without notifying the abuser) can be requested.
Consequences of breaching a Non-Molestation Order
Breaching a Non-Molestation Order is a criminal offence. The police can arrest the abuser immediately if the order is violated, leading to penalties, including fines or imprisonment.
Occupation Orders
An Occupation Order regulates who can live in the family home or enter the surrounding area. It’s often used in conjunction with a Non-Molestation Order, particularly in situations where both physical and psychological safety are concerns.
Types of Occupation Orders
Occupation Orders can:
- Require the abuser to leave the home – If you and the abuser share a home, the Court may order them to leave and not return.
- Restrict access – The abuser may be allowed to stay in the home but be restricted from certain parts of the property.
- Grant the right to return – If you have left the home due to fear of abuse, an Occupation Order can allow you to return and exclude the abuser.
- Ensure shared occupation – In some cases, the Court may order both parties to share the home but regulate each person’s use of it to minimise conflict.
Who can apply for an Occupation Order?
Like Non-Molestation Orders, Occupation Orders are available to those with a legal relationship to the abuser, such as:
- Spouses and civil partners.
- Cohabitants or former cohabitants.
- Individuals with parental responsibility for a child (who is living in the home).
- Individuals with certain property rights in the home.
Factors the court considers
When deciding whether to grant an Occupation Order, the court will consider several factors, including:
- The housing needs and resources of both parties.
- The financial situation of both parties.
- The effect of the order on the health, safety, and well-being of both parties and any children involved.
- The conduct of both parties.
How to apply
You can apply for an Occupation Order through the Family Court. As with Non-Molestation Orders, in emergencies, you may apply without notifying the abuser. The court will hold a full hearing later to decide on a more permanent arrangement.
Consequences of breaching an Occupation Order
Breaching an Occupation Order is a serious matter. While it’s not automatically a criminal offense (unlike breaching a Non-Molestation Order), the Court can attach a power of arrest to the order, allowing the police to act if the order is violated.
Non-Molestation and Occupation Orders are crucial tools for protecting individuals from domestic abuse and ensuring they can live in their homes without fear. If you find yourself in a situation where you need protection, understanding these orders is the first step in taking control of your safety and well-being. Remember, help is available, and you don’t have to face this alone, so please do not hesitate to contact our friendly and professional Family Team on 01245 228116 or by email at [email protected].
