Non-Molestation and Occupancy Orders and Ancillary Relief Essay

Non-Molestation and Occupancy Orders and Ancillary Relief - Essay casingFurther details are set out below. Non-Molestation Order In order to put a stop to your husbands violence, you are at liberty to fool to the coquets for a non-molestation order to a lower place Section 42 of the Family impartiality Act 1996 (as amended).1 There is one pre-condition necessary for applying for a non-molestation order. The order substructure only be in respect of associated persons.2 Associated persons are described by Section 62 of the Family truth Act 1996 and include any number of domestic relationships including spouses.3 Therefore you and throne are associated persons. Moreover, should you apply for a divorce the court can make a non-molestation order in the course of family proceedings. Either way, the court can make the order irrespective of whether or non you apply for a divorce or whether or not there are any other family proceedings.4 In deciding whether or not a non-molestation o rder is appropriate the court will examine all of the facts and circumstances of the case including the guide to ensure your well-being, health and galosh. In this regard, the resulting order will have the effect or ordering John to stop the violence and may also order him to avoid doing anything else that amounts to abusive behaviour or harassment.5 Essentially, a non-molestation order may refer to specific acts of violence or harassment or abusive take aim or it may be expressed in general terms.6 A non-molestation order may be for a fixed period or made until further notice.7 We would suggest that since you are sure you indispensableness to file for a divorce that you file for a divorce and seek a non-molestation order as interim relief with a view to having the order open until further notice. According to Section 42(8) of the Family Law Act 1996, once family proceedings are withdrawn or fired, the non-molestation order ceases to be effective.8 The consequences of Section 4 2(8) should not be of concern to you, since the divorce proceedings will only be withdrawn or dismissed if you either reconcile with John (in which case a non-molestation order would not be necessary) or if it is complete that the grounds for a divorce are not substantiated (in which case there was no need for a molestation order in the first place). Regardless, a non-molestation order will provide you with significant safety since a breach of the order is a criminal offence for which John faces a term of fetter for up to five years.9 Occupation Order Obviously, you may want to ask John to vacate the matrimonial substructure, but the problem with that is that since he is a co-owner under a tenancy in common, he has the remediate to come back and occupy the home at any time.10 This is because pursuant to Section 30 of fragment IV of the Family Law Act 1996, both spouses have the right against eviction or exclusion from the family home unless an occupation order is obtained unde r sections 33-38 of the 1996 Act.11 By virtue of Section 33, as an associated person with an interest in the family home as a result of the tenancy in common, you have a right to apply for an occupation order as a means of putting a stop to Johns violence against you.12 An occupation order will make an order for you to either occupy the home or part of it or order John to vacate the home or part of it.13 In devising the order the court will take account of the