What non-molestation orders are for
A non-molestation order is a type of injunction that ensures that your former partner does not harm you or your family members.
Harm in this context includes any type of physical and psychological abuse, such as:
- Physical violence
- Threatening or intimidating behaviour
Non-molestation orders can be filed at the same time as an occupation order, if required.
Who can apply for a non-molestation order?
To be eligible for a non-molestation order, that individual needs to be an ‘associated person’. This means they must be connected to you in one of the following ways:
- You were married or in a civil partnership together
- You have lived together
- You have a child together
- You are related
- You have shared an intimate relationship with them over a significant time period
- You have been involved in family proceedings together, such as a divorce or a child contact arrangement order
What protection does a non-molestation order give?
When applying to the court for a non-molestation order, you can request that it includes one or both of the following:
- The ‘respondent’ (the person you are filing the order against) is prohibited from harming you, and/or
- The ‘respondent’ is prohibited from harming your children
Victims of domestic abuse typically seek both, especially when the individual is particularly aggressive or violent towards them.
Breaching a non-molestation order is a criminal offence. If your ex-partner is foolish enough to violate the terms of their order, they will be arrested and could face up to five years in prison.
Non-molestation orders can last for as long as necessary, however they normally last between six to twelve months on average.
Applying for a non-molestation order
Unlike restraining orders, you don’t have to take the offender to court first. Criminal proceedings are not required for a non-molestation order to take effect.
Our team of expert family law solicitors are highly experienced in cases involving domestic violence and can help you apply for a non-molestation order, occupation order or both. We will guide you through all the different legal procedures, from writing your statement to gathering evidence against your ex-partner.
The more proof you have, the more likely it is that your injunction will be granted quickly.
We strongly recommend seeking advice from our trusted family law solicitors before you apply. This will ensure you follow the correct procedures and present all the relevant information a judge needs to rule in your favour.
Applying for emergency injunctions
In some cases, you may not want your estranged partner to find out you are seeking legal action against them. This could drastically heighten the chances of your safety being at risk. If so, it may be necessary to apply for an urgent non-molestation order. This is known as an ‘ex parte’ or ‘without notice’ order.
These typically last around fourteen days and can be enforced without your abuser’s knowledge or consent. They will also not be required to attend court or be able to build a defence until the emergency order has concluded, giving you time to get other protections in place.
Non-molestation order support
How we can help you
You can trust us to negotiate financial matters and asset arrangements with your ex, so that you don’t have to deal with them directly. All whilst ensuring you feel secure and supported personally.
Please don’t hesitate to contact us today to discuss your case confidentially with our family law team.
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