A non-molestation Order in England and Wales prohibits a person (the respondent) from molesting the person applying for an Order (the applicant) or a related child.
Non-Molestation Orders are used to protect the person applying for the Order from the respondent’s behaviour.
These Orders are often used to protect victims of domestic violence, which includes psychological, emotional and sexual abuse as well as physical abuse, but this is not their only purpose.
In order to apply for a Non-Molestation Order, the applicant must be able to show that they are or have been in a relationship with the respondent, live together or have lived together or be related to one another.
An efficient approach is to apply online using the RCJ Citizens Advice CourtNav service. The CourtNav is a digital service provided by RCJ Citizens advice.
The initiative was launched to provide convenience for people to apply for injunction via online method. The list of steps you need to accomplish while applying online for an injunction is as follows.
Yes, you can also apply for an injunction using email or postal service. You may need to follow these simple & easy steps to apply via email or post.
These are the following actions that come in molestation:
For a Molestation Order to be sought there must be some deliberate behaviour such that the victim is harassed. The Court will consider whether there is the need for an Order to secure the health, safety and wellbeing of the applicant or a child.
Where there is evidence of recent physical violence, the Court will normally grant an immediate Order to safeguard the applicant until a full hearing can take place.
If the court does not believe there to be an imminent danger to the applicant or a relevant child, the application will need to be personally served on the respondent, not less than 2 days before the court hearing.
The respondent may serve a statement in response but does not have to. Then once the evidence from both parties has been heard, the court will decide if a Non-Molestation order can be imposed.
It is a quick process for the Court to list hearings for Non-molestation Orders and it is heard usually within a few days. The hearing will take place in private unless the court instructs otherwise.
In most cases, the court will impose the order for a specific period, usually between 6-12 months, however, in some rare circumstances, it can make it for an indefinite period. Our Family Law experts can help you to apply for a Non-Molestation Order.
Suppose you are facing an emergency and are completely exposed to the risk of protection. You can apply for an instant 'Emergency Order'. There is no need to notify the person you require protection from. This is also why an emergency order is renowned as an 'ex-parte' or 'without notice' application.
The court is highly likely to hold a hearing, for which you must need to be present. The court may issue an "Emergency Order" at the initial trial. The validity of the emergency order can last long if the hearing continues. The court has the authority to decide whether it should commence after the court's decision or not.
If you are under 16 years old, you may need to obtain permission from the high court. If you are 16 or 17 years old, you will need to appoint your litigation friend to represent the court. The person as 'Litigation Friend' could be your parent or family member and close friend.
Having an Order in place gives some deterrent and protection, however, this does not mean you are completely protected.Domestic abuse is a serious issue, and the Order does not always stop serious offenders from continuing to contact or see the person who has applied for the Non-Molestation Order.
If you or a child are ever in immediate danger, please urgently phone the police by dialling 999.
Breaching the order is a criminal offence and you should always notify the police of the breach. They then should arrest the offender and the Crown Prosecution Service (CPS) should decide on prosecuting them.
The offence is punishable by either up to 5 years in prison and/or a fine in the Crown Court, or up to 12 months in prison or a fine in the Magistrates Court.