James Argent was recently involved in a domestic abuse incident with his then-girlfriend, Nicoline Artursson, a former Miss Sweden. The incident occurred during a holiday in La Cala de Mijas, Spain, where an argument escalated, leading to Argent pushing Artursson down a flight of stairs and throwing her clothes off a balcony. Artursson sustained injuries to her neck, arms, and hands and required hospitalisation.
Argent was arrested and later admitted to the offence in court. He was sentenced to a six-month suspended prison term, a two-year restraining order, and ordered to attend a rehabilitation course aimed at addressing gender violence.
Domestic abuse affects individuals across all walks of life. Legal measures such as non-molestation and occupation orders play a crucial role in protecting victims and ensuring their safety.
What Are Non-Molestation and Occupation Orders?
In the UK, non-molestation and occupation orders are designed to protect individuals from domestic abuse.
- Non-Molestation Orders: A non-molestation order typically prohibits an abuser from using/threatening physical violence, harassing, pestering or communication with the victim. It could also prevent the abuser from attending the victim’s property and place of work, or prevent the abuser from instructing a third party to carry out any of the above actions. Often, children can be included within the order.
- Occupation Orders: Orders that regulate who can live in the family home and can be used to remove an abuser from the property, even if they have a legal right to reside there. While an occupation order was not specifically mentioned in the James Argent case, the nature of the incident could have been considered if the couple had been cohabiting.
Both orders aim to provide immediate relief and long-term protection for victims of domestic abuse.
If you are concerned about how a non-molestation/occupation order will impact your child’s arrangements, the option to include the ability to communicate but only about the children is available.
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Who can apply for a non-molestation/occupation order?
The court must be satisfied that the person applying is an ‘associated person’ to the individual they are seeking the order against. Artursson would be classed as an ‘associated person’, as they were in an intimate personal relationship.
Associated person
- Are or have been married to the person
- Are or have been civil partners
- Are cohabitants or former cohabitants
- Are relatives
- Have agreed to marry one another
- Have entered into a civil partnership agreement
- Are or have been in an intimate personal relationship for a significant time
- Are parents of, or have Parental Responsibility for a child
- Are parties to the same family proceedings
What will happen if the non-molestation/occupation order is breached?
Breaching a non-molestation order is a criminal offence. A conviction for breach of a could lead to a sentence of up to 5 years. Breaching an occupation order could result in a fine or prison sentence if a power of arrest is attached.
How long do non-molestation/occupation orders last?
Each case is different, and the judge will look at the circumstances of each case when deciding on how long a non-molestation order should last. Usually, non-molestation orders are in place for around 3-12 months but can be extended.
If you think you may need a non-molestation/occupation order, we have an experienced family team that can advise you on your options.
At Broudie Jackson Canter, our sympathetic lawyers understand how difficult and sensitive your situation is. There are a range of ways to get in touch with us for a chat. Please give us a call, request a callback or make an enquiry at a time that is safe and convenient for you. If you would prefer an email back over a phone call, please let us know when you enquire.