It is a sad fact that domestic abuse cases are still common in the UK. They can happen to anyone, regardless of their gender, age or background.
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What are non-molestation orders 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.
How we can help you
Our family law team are well equipped to deal with all your legal requirements, including court order applications, divorce proceedings, child agreements and financial settlements.
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.
At AWH Solicitors we can offer fixed fee packages, as we know our clients prefer to know what they will pay from the outset.
Our platinum uncontested divorce package for the petitioner is only £450 plus vat plus the court fee.
Our contested divorce package
If you can't agree on a settlement with your former spouse our contested divorce package will likely be suitable for you.
- Initial consultation for 30 minutes about the divorce only and completing the divorce petition with you
- Reasonable correspondence with you, the court and the other side in respect of the divorce proceedings
- Drafting the divorce documents, namely; divorce petition, application for decree nisi, statement in support for decree nisi and application for decree absolute
- Keeping you informed throughout in respect of the divorce process
Our platinum uncontested divorce package
Similarly to our contested divorce package, we offer a platinum fixed fee package for the respondent in uncontested divorce proceedings for only £275 plus vat.
- Initial consultation with you for 30 minutes
- Preparing the 'Acknowledgement of Service Form'
- Checking court papers
- Advising you of the Decree Nisi and Decree Absolute once received from the court
What is not included in these fees
If during the divorce process any of these factors arise you will no longer qualify for the fixed fee divorce package. If this occurs we will immediately discuss matters with you to agree a new fixed fee structure with you.
In cases where the divorce is defended, we are prepared to offer fixed packages but will need to discuss and review your case with you to tailor a package that will suit you.
- Obtaining a duplicate copy of the marriage certificate
- Having the marriage certificate translated
- Fees charged by a bailiff/process server in serving the divorce documents on the respondent
- The costs of amending the divorce papers once they have been lodged at court
- If acting for the respondent the costs of applying to the court for the decree absolute
- Dealing with any issues in relation to the relationship in connection with the children, finances, property or domestic violence
- The costs of tracing a party
- Attending court in respect of the divorce proceedings
- Enforcing any costs order
Our Promise to You
Friendly, personal legal services
We promise that our approachable solicitors will provide you with a genuinely personal service that puts your needs first. Our team of experts are always on hand to give you support when you need it.
Award-winning service in our fields of expertise
We pride ourselves in offering the highest standards of service across each of our legal departments. Regardless of your situation, we promise to provide you with the very best legal advice.
Advice tailored to your needs
We promise to listen to your needs and offer the right guidance for your situation.
There is no ‘one-size-fits-all’ solution in any area of the law. Every case requires a tailored approach and you deserve a solicitor who understands this.
Outstanding customer service and care
Our excellent reputation is built on our exceptional level of client care.
Every case is handled with the highest level of respect and many of our clients go on to recommend us after building an invaluable relationship with our solicitors.
Transparent fees and processes
Transparency is very important to us. We promise to provide you with total Transparencyrency on fees, so you know exactly what you are paying for. We’ll also make sure you’re kept updated on the progress of your case every step of the way.
What our clients are saying about us
Very pleased with how fast my claim was settled. Very nice people always at the end of the phone when i wanted to ask questions on my.claim. would deffo use this company again. Matthew was brill very friendly and reliable.
Very pleased with the service I have received, communication has been maintained throughout. Happy with the outcome of my case.
It's always been a pleasant experience using their services. I felt highly comfortable and confident whenever they dealt with my cases in terms of correspondence, communication and performance. I highly regard their services.
Starting the process couldn’t be more simple!
- Contact us Get in touch however suits you best and arrange a consulation with one of our solicitors
- Meet an expert You’ll meet the expert solicitor assigned to your case and discuss all the necessary details
- Authorise Once we’ve got all the details of your case and you’re happy to proceed, just give us the go-ahead
- We get to work It’s time for us to get to work! We’ll set up your file on our system and get to work right away
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Let us know how AWH Solicitors can help you by providing us with your details in the form below.
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