If your ex-partner refuses to leave the house and they are subjecting you to domestic abuse, there are a number of things you can do to protect yourself and your right to occupy the home.
Occupation Orders and Non-Molestation Orders
You can make an application to court for an occupation order which will protect your right to live in the house. It will also ensure your ex-partner is forced to leave the house if they will not go and that they cannot return if they have already left. Occupation Orders are enforceable, which means if your ex-partner breaches the order, you can take them back to Court and they may face serious consequences for their actions such as a fine or even imprisonment.
A Non-Molestation Order will prevent your ex-partner from continuing their abusive behaviour towards you and will stop them intimidating, harassing, or using/threatening violence against you. It will generally be put in place for a certain length of time, for example, one year. As with Occupation Orders, Non-Molestation Orders are enforceable and the penalties for breaching this type of order are very similar to those explained above.
A promise to the Court
Occasionally it can be agreed that rather than a Non-Molestation Order or Occupation Order being imposed, the abusive ex-partner will instead provide an “undertaking” that they will not attend the property or come within a certain distance of the property. An undertaking is a promise made to the Court that you will or will not do a certain action and we can advise you on whether this is sufficient in your specific situation. If an undertaking can be agreed, this will often happen at the first hearing which means you do not have to go through the stressful experience of a further contested hearing.
Protecting yourself
If you are suffering domestic abuse and you feel you or your children are at immediate risk of physical violence, you should always call the police and ensure the safety or yourself and any children involved. Do not stay in the property if you believe the lives of you and your children are at risk there. The above orders should only be sought once your immediate safety is secured.
