Keeping the Client Safe with a Non-Molestation Order in Place

Our client initially attended a meeting for a non-molestation order following the respondent being abusive and controlling. The abuser had threatened both the client and her family.

We had to first advise the client regarding the current safety concerns and potentially putting in place a non-molestation order with zonal order to protect the client under Section 42 of the Family Law Act 1996. At the very least, an occupation order was needed to allow the client to live at the property under Section 33 of the Family Law Act 1996.

As we were informed that the respondent would not have anywhere else to live, we advised the client to live with family. It was safer for the client to vacate the jointly owned property and have a zonal order attached so the abuser would not be allowed within a certain radius of the client. Until the order was in place, we advised the client to call the police if the abuser came near.

We submitted a non-molestation order application without consent (ex-parte), which was granted by the court for a year. We had it served on the respondent by a process server.

We then had to arrange for the client’s remaining belongings at the property to be returned and for the sale of the jointly owned property. We advised the client that, as they were not married, if the matter was disputed it would come under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). We wrote a without prejudice letter to the respondent regarding the return of the belongings and the sale of the property.

We arranged for a third party to collect the client’s personal items. The respondent agreed to the sale and division of the property. Due to the non-molestation order, the client remained safe.

The property was sold and the client moved to a new property unknown to the respondent. The client was able to start her life over again without any abuse or threats.

“Thank you for everything Franklins have done for me during the most difficult time in my life.”

It is vital that clients receive the correct advice from the beginning so that they are aware of the process and to prevent any unnecessary stress. In cases involving domestic abuse, taking swift action to protect your safety is the priority.