What Is the Difference Between a Non-Molestation Order and an Occupation Order?

When a relationship breaks down, particularly where domestic abuse, harassment or intimidation is involved, knowing what legal protection is available can make a significant difference.

Two of the most common protective orders available through the Family Court are Non-Molestation Orders and Occupation Orders.

Although both are designed to provide protection, they serve different purposes. A Non-Molestation Order protects you from abusive or threatening behaviour, whereas an Occupation Order determines who can live in or enter the family home.

At Harrington Family Law, we understand how difficult these situations can be. In this blog, we explain the differences between the two orders, who can apply and how they may help protect you and your family.

What Is a Non-Molestation Order?

A Non-Molestation Order is a court order designed to protect individuals and children from domestic abuse, harassment, threats, intimidation or other forms of molestation.

It is made under Section 42 of the Family Law Act 1996 and can prevent someone from engaging in certain behaviours towards you or your children.

Depending on the circumstances, a Non-Molestation Order may prohibit someone from:

• Using or threatening violence against you.
• Harassing, intimidating or pestering you.
• Contacting you directly or indirectly, including through telephone calls, text messages, emails or social media.
• Attending your home or workplace.
• Encouraging another person to threaten or harass you.

Importantly, domestic abuse does not have to involve physical violence. Emotional abuse, coercive or controlling behaviour and threats may also be relevant when applying for a Non-Molestation Order.

Who Can Apply for a Non-Molestation Order?

You can apply for a Non-Molestation Order against someone who is legally classed as an associated person.

This can include:

• A current or former spouse or civil partner.
• A current or former partner.
• Someone you have lived with.
• Someone with whom you have a child.
• Certain family members.

You do not necessarily need to have lived with the person to apply.

How Long Does a Non-Molestation Order Last?

There is no fixed duration. The Court will determine how long the order should remain in place based on the circumstances of the case.

Many orders are made for between 6 and 12 months, although they can last longer where necessary.

Breaching a Non-Molestation Order is a criminal offence, which can result in imprisonment for up to five years.

What Is an Occupation Order?

An Occupation Order is also made under the Family Law Act 1996, but its purpose is different.

Rather than primarily preventing abusive behaviour, an Occupation Order regulates who can occupy the family home.

For example, an Occupation Order may:

• Require your partner or former partner to leave the family home.
• Prevent someone from returning to the property.
• Allow you to remain living in the property.
• Restrict someone from entering certain parts of the home.
• Regulate how the property is occupied where both parties continue living there.

One of the most common questions we receive is:

"Can I make my ex leave the family home if their name is on the mortgage?"

In certain circumstances, yes.

An Occupation Order may be available even where the other person legally owns the property or is named on the mortgage.

However, these applications are not automatically granted. The Court will carefully consider the circumstances, including the housing needs, financial resources, safety and wellbeing of everyone involved.

Does an Occupation Order Change Who Owns the House?

No.

An Occupation Order does not transfer ownership of the property or determine how it should be divided following divorce or separation.

Instead, it regulates occupation of the home, usually for a temporary period.

Any longer-term dispute concerning ownership or the division of property may need to be resolved separately.

How Long Does an Occupation Order Last?

The duration depends on the legal basis of the application and the circumstances.

Some Occupation Orders can initially be made for up to six months and extended, while other types are subject to different rules.

Occupation Orders are generally intended to provide protection and regulate living arrangements rather than permanently resolve property disputes.

What Is the Main Difference Between a Non-Molestation Order and an Occupation Order?

Although the two orders are often discussed together, the key difference is what they are intended to achieve.

Non-Molestation Order	Occupation Order
Protects against abuse, harassment and intimidation.	Regulates who can live in or enter the family home.
Can prohibit threatening behaviour and unwanted contact.	Can require someone to leave the home or restrict access.
Breaching the order is a criminal offence.	Breach is not automatically a criminal offence, although a power of arrest may be attached to certain provisions.
Does not determine property ownership.	Does not determine property ownership.
Can protect an applicant and relevant children.	Focuses on occupation of the home and the safety and housing needs of those affected.

Put simply, a Non-Molestation Order protects you from someone's behaviour, while an Occupation Order can protect your ability to remain safely in your home.

Can I Apply for Both Orders at the Same Time?

Yes.

In some circumstances, applying for both a Non-Molestation Order and an Occupation Order may be appropriate.

For example, if your former partner has been threatening you and you are frightened to remain living in the same property, you may need protection from their behaviour as well as an order regulating who can remain in the home.

The Court can consider both applications, although each order has its own legal requirements.

It is important to obtain legal advice to establish which application, or combination of applications, is appropriate for your circumstances.

Do I Have to Tell My Ex That I Am Applying?

Not always.

In urgent circumstances, it may be possible to apply for a Non-Molestation Order or Occupation Order without giving the other person advance notice.

This is commonly referred to as a without notice application.

The Court will consider whether the circumstances justify making an order without first hearing from the other person.

For example, this may be appropriate where there is a risk of significant harm if the application is not dealt with urgently.

However, the Court does not grant without-notice orders automatically, and it will usually arrange a further hearing where the other person can respond.

Do I Need Evidence of Domestic Abuse?

You do not necessarily need a police report or criminal conviction to apply for a protective order.

The Court can consider different forms of evidence, including:

• Text messages, emails or social media messages.
• Photographs of injuries or damage.
• Police reports or incident numbers.
• Medical records.
• Witness evidence.
• Your own detailed written statement explaining what has happened.

The evidence required will depend on the order sought and the circumstances of your case.

You should not put yourself at further risk by attempting to obtain evidence.

How Much Does It Cost to Apply?

There is no court application fee for applying for a Non-Molestation Order or Occupation Order.

However, if you instruct a solicitor, legal fees may apply.

Depending on your circumstances, you may also be eligible for legal aid, particularly where domestic abuse is involved.

What Should I Do If I Need Protection?

If you are experiencing domestic abuse, harassment or threatening behaviour, it is important to understand that legal protection may be available.

You do not have to wait until physical violence occurs before seeking advice.

The appropriate steps will depend on your individual circumstances, including whether you are currently living with the other person, whether children are involved and whether there is an immediate risk to your safety.

If you are in immediate danger, call 999.

How Can Harrington Family Law Help?

At Harrington Family Law, we understand that taking legal action against a partner, former partner or family member can feel overwhelming.

Our experienced family law solicitors can advise you on whether a Non-Molestation Order, Occupation Order or both may be appropriate and guide you through the application process.

We offer a free 30-minute initial consultation, giving you the opportunity to discuss your circumstances, understand your legal options and consider the next steps.

With offices in Cleckheaton, Brighouse, Holmfirth, and Mytholmroyd, we assist clients throughout West Yorkshire, including Kirklees, Calderdale, Wakefield and the surrounding areas.

If you are concerned about your safety or need advice about remaining in the family home, contact Harrington Family Law today.

You do not have to navigate the legal process alone.