divorce-and-legal-injunctions

Getting a divorce at the best of times is a problematic life-changing event. However, if one of the parties seeking or going through a divorce is a victim of abuse, it is both more difficult and stressful. Whatever stage in the divorce process you are at, whether you have recently applied or are recently divorced, there are some cases where it might be necessary to file a legal injunction. Abuse is one of these cases. Your divorce solicitors in Guildford at the Prentice Family Law practice understand this and can provide advice, information, and guidance on any of the areas where your family has been affected by divorce.

What is a legal injunction?

A legal injunction is available for assurance that your family is safe and protected when a relationship breaks down. On its simplest level, an injunction is a court order that requires a person to do or not do something. According to Part IV of the Family Law Act 1996, there are two main types of court order injunctions: A non-molestation order and an occupation order.

A non-molestation order is usually for a victim of abuse and said person wants/needs protection from either:

  • Current or ex-partner
  • A family member
  • Someone they are living with or used to live with

The term molestation can be applied, but not limited to physical, emotional, financial, and sexual abuse. In addition, intimidating, coercive, controlling, harassing behaviour is also covered in the non-molestation order. It needs only to happen once to be able to apply. The non-molestation order is time-bound but can be extended if required.

An occupation order is generally used to regulate the family home. They can be used for the following:

  • Right to remain on the property
  • Permission to enter the property
  • Regulation of property
  • Restrict access to the property
  • Departure from the property
  • Excluding certain people from the property

Occupation orders, like non-molestation orders, last for a specified period. These can also be extended if necessary. Occupation orders tend to be more complicated, as they affect one partner’s right to enter the family home. Therefore it is advisable to seek information at an early stage to see if this is the right route for you. The divorce solicitors in Guildford are knowledgeable in all things family law related. Additionally, they are available for a free initial consultation by calling.

When would I need to use these orders?

Unfortunately, these extraneous circumstances are not rare. Often a victim of abuse has been in the situation for quite some time and don’t know how to get out. Information and knowledge are essential tools to have. Often the most significant barrier to change is the unknown. Therefore, it is advised that making that initial call for the free consultation to ask any questions or concerns you might have would be of most benefit. Here, at the Prentice Family Law practice, our divorce solicitors in Guildford pride themselves in providing an excellent, discreet service to all of our clients.

If this is something that might interest you, please contact and provide details to our skilled legal assistant who will then set up an appointment that is convenient for you, which includes weekends and out of office hours.

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