What is a Non-Molestation Order?
A Non-Molestation Order is a type of injunction that you can apply for through the Family Court. These orders are sought by victims of domestic abuse to prevent a partner, or former partner, from causing harm to you or your children. Claudia Price, Solicitor and Head of the Family Department at Frodshams Solicitors tells us more…
‘Harm’ can include a variety of behaviours, to include; harassment, intimidation, physical harm, psychological harm, financial abuse or threats of violence.
Who can these orders be applied against?
You can apply for a Non-Molestation Order if the person you are wanting to be protected from are an ‘Associated Person’.
An ‘Associated Person’ is defined as:
- Your spouse or former spouse
- Your civil partner/former civil partner
- A relative
- Someone you have had an intimate relationship with, which was significant in duration
- Someone you live with or have lived with (except tenants or lodgers)
- Someone you share a child with.
Should one of the above breach a Non-Molestation Order, this would amount to an arrestable offence, which could result in up to 5 years in prison.
How long does a Non-Molestation Order last?
The Court have exceptionally wide powers in respect of the length of the order, however, this will usually be for 6 or 12 months, depending on the circumstances. Should the Court feel that further orders should be made, they have the power to put in place any further measures that they deem to be necessary to provide additional protection.
Will the respondent be made aware of the Order?
You may require an Order to be made without providing notice to the Respondent, due to fear of further violence should they be made aware. In such circumstances whereby you require urgent protection, you can file an application on a ‘without notice’ basis, and the Respondent will only be made aware of proceedings upon being personally served with the Order.
What happens after the Order is made?
If you have been served with a Non-Molestation Order that you do not agree with, you will be provided with an opportunity to put forward your position at a subsequent hearing. This will usually take place within 2 weeks of the initial Order being made. It is important that you obtain legal advice to ensure that you are fully aware of the possible options available to you.
If you wish to put in place a Non-Molestation Order, or you have recently been served with an order that you wish to challenge, our team of experts are on hand to advise you throughout the process.
If you wish to discuss your options, please call our offices on 01744 626600 and ask to speak to one of our Family Law Experts, email email@example.com to arrange a no obligation and confidential discussion.
At Frodshams Solicitors, whatever your needs, you can rely upon us to provide legal excellence delivered with care.