Sentences with phrase «occupation order»

An "occupation order" is a legal ruling that specifies who can live in a particular property or stay in a certain area. It is often used in cases where there is a dispute or conflict between individuals who need to decide who has the right to occupy a shared space. Full definition
Despite the unenforceability of s 40 and its application being restricted to the use of occupation orders, it is still commonplace for the judiciary to use preservation orders to prevent the respondent damaging property belonging to the applicant.
However, those that make this type of application with any regularity will know that there is significant judicial reluctance to grant occupation orders on an ex parte basis when the purported abuser is currently resident in the (dwelling) home.
On 14 June 2007, F obtained an ex parte interim occupation order and a non-molestation order, forbidding M from attending the home within 100 metres and from intimidating, harassing or pestering F or the children.
Emma acts in domestic abuse cases, representing both applicants and respondents in non molestation order and occupation order proceedings.
Eleanor is regularly instructed in private law proceedings including applications for Child Arrangements Orders, enforcement orders, non-molestation orders and occupation orders acting for both the Applicant and the Respondent.
It is sometimes used to prevent molestation by attendance at a home which is outside the scope of an occupation order because the parties have not lived there together or at some other address such as the applicant's place of employment which would similarly be outside its scope.
In its amended state, s 47 (8) will allow a warrant application where there has been an alleged breach of either a non-molestation order — which under the new regime would no longer have a power of arrest attached — or an occupation order which has no power of arrest attached to the provision allegedly breached.
Breach of an occupation order (OO) will continue to be dealt with as at present with the power of arrest procedure staying in place.
However, a power of arrest must still be attached to an occupation order, unless the court is satisfied that the applicant or any child of the family would be adequately protected without a power of arrest.
The non-debtor partner had obtained an occupation order in the Family Court.
Family law act injunction and occupation order.
She advises applicants and respondents in domestic abuse cases including advising on non-molestation orders, occupation orders, protection from harassment act injunctions.
Simran also represents victims of domestic abuse and assists them in seeking protection in the form of non molestation orders, occupation orders and protection from harassment injunctions on an urgent basis.
The court will take a wide range of factors into account when deciding whether to make an occupation order.
Often, occupation orders are made when one party has used or threatened violence against the other.
Non-molestation and occupation orders (as mentioned by Gemma Lindfield below) arise when it's time to stop domestic abuse or remove one party from the family home.
These rules amend the Family Proceedings Rules 1991 following the amendment of the Family Law Act 1996 by the Domestic Violence, Crime and Victims Act 2004 to provide that breach of a non-molestation order is a criminal offence and to limit the power of the court to attach a power of arrest to an occupation order only.
An occupation order, often obtained in tandem with a non-molestation order, will help secure you in your family home.
Kathryn undertakes FLA injunctions (non-molestation and occupation orders) and her children and associated financial relief practices enable her to offer advice and support across the whole spectrum of issues which might arise and to look to achieve an holistic solution for every set of circumstances.
For victims of domestic abuse (be it physical, verbal or emotional harm) the court can make non-molestation orders and occupation orders each giving you comprehensive legal protection.
To then be told by a district judge that the court will not grant an occupation order in the absence of the respondent can be devastating.
A further problem with s 40 is that such orders may only be attached ancillary to an occupation order.
It would save those applicants seeking an occupation order from relying upon a section which can not be enforced.
The main way in which the law seeks to encourage victims in this way is to allow the applications for non-molestation and occupation orders to be made on an ex parte (or without notice) basis.
This reluctance could be phrased in stronger terms, there is something of a blanket rule against the making of an occupation order under these circumstances; indeed, in certain cases, this blanket rule is preserved irrespective of what evidence is put before them in terms of the balance of harm test, for an entitled applicant under FLA 1996, s 33 (7), or any of the factors under the core criteria, such as the respondent's ability to live elsewhere.
It therefore begs the question, is the principle of not allowing a suspension of property rights on the basis of an ex parte application for an occupation order always appropriate?
It is also of consequence that there can be a significant period of waiting until the first return hearing, especially in central London, due to overcrowded court lists, further adding to the potential injustice to the purported abuser if an occupation order were to be granted.
Family lawyers can give you advice on the law, but can also intervene by applying for non-molestation and occupation orders that can protect you against further abuse.
You can also apply for a «non-molestation order» alongside an occupation order if you want to make sure your ex-partner doesn't come near your home (if, for example, he or she has been aggressive or has a history of domestic violence against you).
This is called an occupation order and can exclude your ex-partner from living in the home.
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