It may be possible to obtain an order from the Court preventing a person from harassing or pestering you or from threatening or being violent towards you.
If a you feel that another individual is harassing, pestering and/or threatening you or a child (i.e. they are being violent or you feel that your mental or physical health is under immediate threat), you can seek assistance by making an application to the Court for a non-molestation order. We can support and advise you in this application.
If you are granting this type of order, the person who was threatening, harrassing or pestering you (or your child) will be prevented from continuing to do so. It can also prevent them from communicating with you in person, by telephone, text, email or letter save for through solicitors. This type of order can be made for a specific period of time or ‘until further notice and it can be varied or withdrawn at any time in the future if circumstances change.
This is a Court order which determines who is allowed to live in a property. For example the order can say that a you have the right to live in your former family home but your spouse does not. It can also prevent or restrict your spouses entry to the property.
You will need to make an application to the Court with a supporting statement. You will then have a hearing before a judge. The Court has to consider the circumstances of your case including; the housing needs and resources of each party and any children, the financial resources of each party, the likely effect of any order on the health, safety and well being of the parties and any children and the conduct of both parties toward each other.
The Court will not make an order if an it would cause harm to the respondent or children, in essence they have to carry out a ‘balance of harm test’. An occupation order may be for a specified time, until the occurrence of an event (such as being re-housed) or until further notice.