Non-molestation Orders
When should I apply for a non molestation order?
If you are a victim of domestic abuse, you can apply for a non molestation order against the person that is abusing you. This order can be applied for in relation to anyone that has been abusive towards you, not just someone you have been in a relationship with. It can include your spouse, civil partner, cohabitee, relatives, in-laws and those who share children.
If the family court grant the order, it will instruct the abuser not to use or threaten physical violence, intimidating, harassing, pestering and communicating with you. The order can specifiy that the abuser stay a certain distance away from you, your home or your place of work. It will also prohibit the abuser from using another person to do any of these things. The order can also include your children in some situations.
The order can be granted even if for some reason the Police have decided not to take action, due to insufficient evidence for example. Once the order is in place, the Police can arrest the abuser if the order is breached, as this is a criminal offence.
What is the process of making an application for a non molestation order?
The application can be made on an emergency basis if an incident has taken place recently, unless there is a sufficient reason for a delay. If an application is made on an emergency basis and an order is granted without notice, there will be a hearing approximately 14 days later so that the respondent can advise the court if they agree or disagree with the order.
The order will usually remain in place for six to twelve months, although the court can grant the order for a longer period if they so choose. The order can also be extended upon its end date.
You should prepare any evidence that you may have of the incidents in question, which can include video and photographic evidence, text messages and calls, witness statements from yourself or others, police reports or information on police arrests.
There is no court fee for the application of a non molestation order.
Enforcement
If you have a non molestation order in place and it has been breached, you should either contact the police, or contact us so that proceedings can be brought in the family court, so that the respondent is arrested and punished. Breaching a non molestation order carries a maximum sentence of five years imprisonment and a fine in the criminal court, or two years, as suspended sentence or a fine in the family court.
What if someone has made an application for a non molestation order against me?
If you have been served with a non molestation order, it is important that you read the order carefully so that you can understand what it prevents you from doing, and seek legal advice immediately. We can help you with this.
As mentioned above, these orders are usually made without notice, meaning that the order will have been granted by the family court without you knowing initially. However, there will be a hearing at the family court after a number of days which you will be invited to attend so that the court can hear your side of things.
You will have the opportunity to do one of the following@
- Oppose the order entirely
- Deny the allegations put forward but give an undertaking/ agreement to agree with the terms of the order
- Agree with the order.
These applications can have far reaching consequences, particularly when there are children involved. We will discuss your options with you so that you feel confident and ready to attend a hearing and put your case forward.
If you require further advice, information or assistance regarding the service outlined above, please get in touch below: