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A non-molestation order is, in English law, a type of injunction that may be sought by a victim of domestic abuse against their abuser. [1] It is one of two types of injunction available under Part IV of the Family Law Act 1996, the other being an occupation order. [2]
Injunctions in English law are a legal remedy of three types. Prohibitory injunctions prevent an individual or group from beginning or continuing actions which threaten or breach the legal rights of another. Mandatory injunctions are rarer and compel a person to carry out a certain act such as make restitution to an injured party.
In English law, a non-molestation order may be granted under Section 42 of the Family Law Act 1996. [18] Non-molestation orders are a type of injunction used to protect an individual from intimidation or harassment. Breaching a non-molestation order is a criminal offence. [19] Under the Domestic Violence Crime and Victims Act 2004, cohabiting ...
An occupation order is a type of injunction in English law. It is one of two types of injunction available under the Family Law Act 1996 , the other being a non-molestation order . [ 1 ] An occupation order is used to regulate who can live in the family home.
An injunction is an equitable remedy [a] in the form of a special court order compelling a party to do or refrain from doing certain acts. [1] [2] It was developed by the English courts of equity but its origins go back to Roman law and the equitable remedy of the "interdict".
[8]: 139 Parents for whom there is no evidence of abuse are able to apply to the court for a non-molestation order and use this as evidence for obtaining legal aid and are able to apply for means-tested legal aid to apply for this non-molestation order. Protective injunctions such as a non-molestation are the most common evidence given for ...
Download QR code; Print/export ... Pages in category "Injunctions in English law" ... Non-molestation order; O. Occupation order; P.
The writs originally functioned like administrative orders, though over time they acquired the power of legal commands. [4] Writs could be issued against another court or an individual defendant, somewhat similar to the way an injunction works in courts today. [5] The writs of Prohibition were primarily used against the ecclesiastical courts.