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My name is Lea. It would be nice if you could let me know your name, so that I know who I am talking to. I am going to see if I can assist with your query. I may need to ask you additional questions and it is important for you to answer all the questions clearly, so that I have the information I need to give you an accurate response for your specific legal situation. JA is a Q&A website, and this ‘chat’ is email based, which means responses may not be immediate. Do rest assured however, that I will be providing you with an answer to your query today.
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Your initial query was about mediation - and now an occupation order?
If there has been a recent incident of domestic abuse in the last seven days, you will be able to apply for a non molestation order (NMO) on an urgent without notice basis. This means that you should get a hearing in the next day or two and the court will decide on whether to grant an interim order or whether to list the matter for a hearing so that the respondent can attend court to answer to the allegations about him/her. If the court grants an interim order it will need to be served on the respondent before it is effective. This will protect you whilst the court considers the second part of your application, on the same form, for an occupation order. The court will want to hear from both parties before awarding an occupation order.
Non Molestation/Occupation Order form FL401: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/954473/fl401-eng.pdf
You might be able to get help with completing the application and the statement you have to write to accompany it, from NCDV.org.uk - they are a charity. There is no court fee to file the FL401.
You might be eligible for legal aid and should check here: www.gov.uk/check-legal-aid
If not eligible for legal aid, you can find a solicitor here: solicitors.lawsociety.org.uk
Mediation is not suitable for those experiencing domestic abuse, so you do not have to attend mediation.
I have given details of what you can do above.
You're very welcome, glad to assist.
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