Injunctive Proceedings/Occupation order/Abuse

This is where a person is known to the other and is causing that person to live in fear, or to be controlled by the perpetrator.

In C v C (Non-Molestation Order: Jurisdiction) Sir Stephen Brown P held:

ā€˜there is no legal definition of ā€˜molestationā€™. Indeed, that is quite clear from the various cases which have been cited. It is a matter which has to be considered in relation to the particular facts of particular cases. It implies some quite deliberate conduct which is aimed at a high degree of harassment of the other party, so as to justify the intervention of the courtā€™.

Molestation involves any form of physical, sexual, or psychological molestation or harassment that has a serious impact on the health and well-being of the applicant.

Violence is not a prerequisite.

An Occupation Order is where the couple live in a home together and the perpetrator is asked to vacate the property.

If in doubt, please contact the police immediately.