Non-Molestation Order
The Family Law Act 1996 aims to protect those suffering domestic abuse and offer remedies to those who apply. Under this Act, a victim of abuse may apply for a Non-Molestation Order.
What is a non-molestation order?
A non-molestation order is an Order granted by the Court which prohibits the Respondent from using or threatening violence, pestering or harassing against the Applicant and any children. It can contain specific prohibited actions and is aimed at ensuring yours and any children’s safety. The person you are applying for the order against is known as the Respondent and you are known as the Applicant.
Who can apply?
In order to apply for a non-molestation order, you must be an ‘associated person’, this is defined by the Family Law Act 1996 as any of the following:
Former and current spouses, including civil partners and cohabitants
Close relatives (Blood or otherwise)
People living in the same household
Parents of children in the house or those with parental responsibility.
Those who have been in an intimate relationship for a significant period of time.
Obtaining a non-molestation order
To apply for a non-molestation order you will need to fill out an application form and complete a witness statement setting out what has occurred, it would be helpful for you to keep a diary including a record of events. Once the Court has reviewed your application a date will be fixed for a hearing, these are listed as quickly as possible and usually done within a few days. The Respondent will not know that the order has been applied for until they are served with the Order.
At the hearing, the Court will consider the evidence provided and decide if a non-molestation order is adequate. Molestation involves any type of harassment or abuse and does not need to be physical, it can be sexual or psychological. The Courts will then make a list of things that the Respondent is prohibited from doing and will grant the order for a specified period of time or in some circumstances, indefinitely.
Once the order has been granted any breach of the terms of the order will be a criminal offence and the Police will have the power of arrest and the Respondent may be prosecuted.
How MJP Law can help
Our Family Law team have extensive experience with non-molestation orders and are able to help you obtain this protection quickly and with the utmost sensitivity. If you require help with a non-molestation order please contact a member of our Family Law team on 01202 842929 or family@mjplaw.co.uk who will be happy to assist.
We have also included a list of helpful contacts for those suffering domestic abuse.
Refuge National Domestic Abuse Helpline - 0800 2000 247 (Freephone)
Samaritans | Every life lost to suicide is a tragedy | Here to listen - 116 123 (Free)
