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:

‘there is no legal definition of ‘molestation’. 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 court’.

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.