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His Honour Michael Cook |
Tony Dolbear |
Marion Wells |
Consultant |
Legal Executive |
Assistant |
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Associated Persons
The protection of the Family Courts may be invoked by what the Family Law Act 1996 describes as ‘associated persons’. These include spouses and former spouses, cohabitants and former cohabitants of either sex, common house-holders, relatives, engaged couples, parents and those with parental responsibility and parties to family proceedings. Associated persons may apply for protective injunctions in two categories: occupation orders and non-molestation orders.
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Occupation Orders
The Family Law Act 1996 gives the courts a wide range of powers to regulate the occupation of the family home including orders to :
- enforce a party’s right to remain in occupation
- require one party to permit the other to enter and remain in the home
- prohibit, suspend or restrict the exercise by one party of their rights to occupy the home
- regulate the occupation of the home by either or both parties
- restrict or terminate the rights of one party in relation to the home
- require one party to leave the home or part of it
- exclude one party from a defined area around the home, e.g. 100 metres.
The protection available in any particular case depends on whether either party is legally entitled to occupy the home, whether the parties are spouses or former spouses, cohabitants or former cohabitants. The prescribed factors the court must consider depend upon the category of the party making the application: whether they are ‘an entitled applicant’, a ‘non-entitled former spouse’, a ‘non-entitled cohabitant or former cohabitant’ and cases where neither party is entitled.
Non-molestation orders
A non-molestation order is an order which prohibits a person from molesting someone with whom he or she is associated, including a child. There is no statutory definition of molestation, but it includes violence and threats of violence, harassing, pestering or otherwise causing vexation, including communications by telephone, texting, post and e-mail.
In cases of urgency where there is a serious risk of harm the court may make an interim non-molestation order without the other party being given notice of the application.
Power of arrest
Where the court makes an occupation order or a non-molestation order in a case of violence or threatened violence it may attach a power of arrest authorising the police to arrest the respondent if he or she breaches the order.
Other family injunctions
The High Court has inherent jurisdiction to grant an injunction wherever this is appropriate, which includes the protection of children generally, to restrain the breach of marital confidences, to restrain a party from disposing of family assets and to prevent a party from leaving the jurisdiction, including the delivery up of their passport.
The reasons for obtaining an injunction are usually serious and urgent. At HLF we give them priority
Contact the team on 0800 043 053 8 or 01202 551 991
e-mail an enquiry
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