Non-Molestation Orders, Occupation Orders and Prohibited Steps Orders – Family Law Solicitors Manchester
Domestic abuse and threats within a relationship can be extremely distressing and may place both individuals and children at risk. If you are experiencing violence, harassment or intimidation from a partner, former partner or family member, it is important to seek legal advice as soon as possible.
At TM Fortis Solicitors, our experienced family law solicitors provide confidential legal advice and urgent assistance to individuals experiencing domestic violence or abuse. We can apply to the court for protective orders to ensure your safety and the safety of your children.
Our team regularly assists clients across Manchester and the surrounding areas in obtaining emergency court orders including:
- Non-Molestation Orders
- Occupation Orders
- Prohibited Steps Orders
In many urgent situations, it is possible to obtain court protection on the same day an application is made.
What Is Domestic Abuse?
Domestic abuse can take many different forms and may occur between partners, former partners or family members.
Domestic abuse may include:
- Physical violence or assault
- Threats or intimidation
- Emotional or psychological abuse
- Harassment or stalking
- Coercive or controlling behaviour
- Financial abuse
The law recognises that abuse does not have to be physical. Threats, intimidation and controlling behaviour can also justify urgent legal protection.
Legal Protection Through Family Court Injunctions
The Family Court has the power to grant protective injunctions designed to prevent further harm.
These include:
- Non-Molestation Orders
- Occupation Orders
- Prohibited Steps Orders (to protect children)
Our family law solicitors can advise you on the most appropriate legal remedy depending on your circumstances.
Non-Molestation Orders
A Non-Molestation Order is a court injunction that prevents a person from harassing, threatening or abusing another individual.
The order may prohibit a person from:
- Using or threatening violence
- Contacting you directly or indirectly
- Harassing or intimidating you
- Coming near your home, workplace or children’s school
A Non-Molestation Order provides strong legal protection.
Importantly, breaching a Non-Molestation Order is a criminal offence, which means the police can arrest the person responsible.
Occupation Orders
An Occupation Order determines who has the right to live in the family home.
This order may:
- Require a partner to leave the property
- Prevent them from returning to the home
- Restrict access to certain parts of the property
- Allow you and your children to remain safely in the home
Occupation Orders are often granted alongside Non-Molestation Orders where it is necessary to remove an abusive partner from the family home.
Prohibited Steps Orders
A Prohibited Steps Order is a court order designed to prevent a parent or other person from taking certain actions regarding a child.
These orders are commonly used in urgent situations to protect children.
A Prohibited Steps Order can prevent someone from:
- Removing a child from your care
- Taking a child abroad without permission
- Changing a child’s school
- Moving a child to another location
- Making important decisions about the child without consent
For example, if there is a risk that a parent may remove a child from the country without consent, the court may grant an urgent Prohibited Steps Order preventing the child from being taken abroad.
These orders are often made very quickly in emergency situations where the court believes a child may be at risk.
Emergency Applications to the Court
Domestic abuse situations often require urgent legal action.
The court allows applications to be made without notice, meaning the order may be granted without informing the other party beforehand if there is an immediate risk of harm.
This allows the court to provide rapid protection where necessary.
In many cases, the court can consider the application on the same day it is submitted.
Our solicitors can assist in preparing urgent applications and gathering the necessary evidence to support your case.
Protection Under the Harassment Act
In addition to family court injunctions, protection may also be available under the Protection from Harassment Act 1997.
Harassment, stalking and threatening behaviour can be criminal offences, and the police may have powers to:
- Investigate incidents of harassment or abuse
- Issue warnings
- Arrest individuals suspected of criminal behaviour
Our solicitors can advise you on both the family law remedies and criminal law protections available to you.
Who Can Apply for Protective Orders?
Applications for protective injunctions can usually be made by individuals who have a family or personal relationship with the person involved.
This may include:
- Spouses or civil partners
- Former partners
- Cohabiting couples
- Parents of a child
- Family members
If you are unsure whether you are eligible to apply for an order, our family law solicitors can advise you based on your circumstances.
The Court’s Approach to Domestic Abuse Cases
When deciding whether to grant protective orders, the court will consider factors including:
- The risk of harm or violence
- Evidence of abuse or threatening behaviour
- The safety of any children involved
- Housing arrangements and practical considerations
The court’s priority is to ensure the safety and welfare of those affected by domestic abuse.
How TM Fortis Solicitors Can Help
Our family law solicitors provide specialist advice and representation in cases involving domestic abuse and urgent child protection.
We can assist with:
- Non-Molestation Orders
- Occupation Orders
- Prohibited Steps Orders
- Emergency injunction applications
- Advice on harassment and stalking laws
- Representation in Family Court proceedings
We understand that these situations can be extremely stressful, and we aim to provide clear and supportive legal advice throughout the process.
Contact Our Family Law Solicitors
If you are experiencing domestic abuse, harassment or threats, or if you need urgent protection for yourself or your children, our experienced family law solicitors at TM Fortis Solicitors in Manchester can assist you.
Contact TM Fortis Solicitors today on 0161 220 6040 to discuss your situation and obtain expert legal advice.
