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Emergency Applications – Non‐molestation Order and Occupation Orders

London Solicitor Emergency Applications – Non‐molestation Order and Occupation Orders

There are times where urgent action is required to make an application to Court for an interim Order to provide you and your family with the necessary protection. Such Orders are made under the Family Law Act 1996.

A Court can grant a non-molestation Order to provide protection against another person harassing, pestering, intimidating, or coming near to you (and/or a child).

Section 42(5) of the Family Law Act 1996 sets out that:

In deciding whether to exercise its powers under this section and, if so, in what manner, the court shall have regard to all the circumstances including the need to secure the health, safety and well-being of the applicant or of any child.

A non-molestation Order can be made for a specific period or until further Order.

Should you wish to regulate the living arrangements within a property, or exclude a person from a property, you may wish to consider making an application for an Occupation Order. The law relating to the same is set out at Sections 33, 35–38 of the Family Law Act 1996.

An occupation Order may be made for a specific period or until further Order. In practice it is usually an initial period of 6 months, which can then be subsequently extended.

An emergency application is made ex-parte, namely that the respondent in the application is not present and is not given notice of such an application. Our London family solicitors know what is required to obtain emergency interim Orders, and will endeavour to offer you the best possible service.

Please note that once an interim Order is granted, a further hearing or hearings will be required for the Court to consider whether the interim Order should continue.

Our fees for preparation of an application and representation at an interim hearing for a non-molestation Order and/or an occupation Order are £1,500.00 plus VAT plus disbursements (such as process server fees), a further £1,500.00 plus VAT for the return date hearing, and for a contested final hearing (1 day or less) thereafter are £2,500.00 plus VAT plus disbursements bundles.*

*please note that these are cost estimates, and are subject to change depending on your case, and the number of hearings required to resolve your matter. We will of course inform you should there be a change in your cost estimate.

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