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Injunction proceedings:Non – Molestation and Occupation Orders

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Non – Molestation Order

A Non – Molestation Order prohibits a person (the respondent) associated with the Applicant from molesting them or a relevant child. In practice, Non-Molestation Orders are used to protect a party from violence, harassment and threats. The order can cover a wide range of behaviour and is generally used to offer additional protection to victims of domestic abuse. In deciding whether to grant a non-molestation order and on what terms, the court shall have regard to all the circumstances, including the need to secure the health, safety and well-being of the Applicant and of any relevant child/children.

The court focus their attention on the health (physical or mental), safety and well-being of the Applicant or any relevant child.

A Non-Molestation Order can prohibit a wide range of actions. For example, it can provide that:

  • The Respondent is forbidden to use or threaten any violence against the Applicant and must not instruct or encourage any other person to do so.
  • The Respondent is forbidden to behave in a harassing manner towards the Applicant.
  • The Respondent is forbidden to communicate or attempt to communicate with the Applicant (whether by phone, text, e-mail, social media or otherwise) save through his solicitors and must not instructor encourage any other person to do so.
  • The Respondent is forbidden from entering a specified zonal area. relevant.

    • It is a criminal offence to breach the terms of a Non – Molestation Order.


The court’s paramount consideration in such proceedings are the child/ren’s welfare and best interests.

Occupation Order Proceedings


The court can decide who should or should not reside in all or part of the family home. Occupation Orders can also exclude the other person from an area around the home. When in force, an order can also deal with practical matters of occupation, including who bears responsibility for payment of the rent or mortgage on the property and whether the occupying party should pay a rent to the other person.

When deciding whether to make an Occupation Order the Court must consider a balance of harm test and some core criteria.

Balance of Harm Test


The balance of harm test sets out the court's duty to balance the harm that would be caused to the Applicant, the Respondent and any relevant children, if the Occupation Order was or was not made. The court must make an Order if it appears that the Applicant or any relevant child is likely to suffer significant harm attributable to the conduct of the Respondent if an Order is not made.

Core Criteria Test


The Court has a discretionary power to grant an Occupation Order and should have regard to all the circumstances including, but not limited to:

  • The housing needs and housing resources of each of the parties and of any relevant child.
  • The financial resources of each of the parties
  • The likely effect of any order, or of any decision by the court not to exercise its powers to make an order on the health, safety or well-being of the parties and of any relevant child.
  • The conduct of the parties in relation to each other and otherwise.

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