Apply for a non-molestation or occupation order Family Law Act 1996 (Part 4)

[Alison J Stevens]

https://assets.publishing.service.gov.uk/government/uploads/system/...

If you are the victim of Domestic violence, and have children, do not suffer in silence.

I am very experienced, as an Advocate with regards to assisting Victims of domestic violence when they go to the Family court to get a non molestation restraining orders and occupation order of the family home.

Why should victims have to leave the home with their children? it should be the perpetrator that should move out of the home, leaving the victim with his or her children to reside in the family home, instead of victims be forced to go into a domestic violence refuge.

With regards to putting in an application for a non molestation and occupation order, it is always best to add as much evidence as you can for the court bundle.

Get all evidence from the police,, with reference all reports and witness statements you may of supplied via a police witness statements regarding incidents..

You can put a SAR Data Protection Request into the police data protection department.

Call the police data protection team and ask them for their email address.

You can email them with the wording example as below, always keep a note of incident numbers.

Dear Sir, Madam,

I am writing to request copies of all documentation that XXXXXXXXXXX  Constabulary hold on myself , with regards to various incidents at my address xxxxxxxxx on  xxxxxxx  xxxxxxxx incident numbers xxxxxxx  xxxxx  xxxxxx.

Under the GDPR Policy of 28.05.2018, you have 30 working days to comply with my request.

Any breach of compliance time will result in myself contacting the information commissioner forthwith.

I reserve the right to have any discrepancies deleted under the right to be forgotten clause GDPR Policy 28.05.2021.

Please note the basic data access fee of £10 is now defunct and you are now not allowed to charge for this service..

I am forwarding a copy of my passport or driving licence and a recent utility bill no older than 12 weeks for ID purposes.

Yours Sincerely XXXXXXXXX

You can also put SAR Requests into other Agencies such as Hospitals and GP, for any documentation they may hold on you with regards to the domestic violence, as well as the ambulance service as well.

Use the same data protection wording as above, for all different agencies.

In the past pre pandemic , you could go to the court office in the morning and fill all the court forms in..

Prior to this get three lots of copies of all the evidence you have , so that you will have the start of three court bundles.

When you get to the court offices fill the 3 court applications in , keep all the 3 lots of forms filled in and add the other evidence to the applications , to make 3 separate bundles, you will need one for the court, one for yourself and one to be sent to the perpetrator..

Usually you can see the Judge the same day, sometimes within two hours, this hearing is ,ex parte meaning the perpetrator male or female will not be with you in court.

If there is enough evidence to support the application the Judge will grant an order in your favour.

The former will mean the perpetrator will not be able to contact you in any shape or form, even telephone calls will not be allowed, the court bailiff will serve the order on the perpetrator, your partner, or ex partner.

The Perpetrator will be given 24 hours to remove his or herself from the property.

You may well have to go back to Court for the occupation order to be granted by the Judge..

If your partner or ex partner breaches the order, him or her could be taken to court for contempt of court and could face prison.

Always best to let the police know that the court have granted the non molestation order in your name.