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Non-Molestation Order

A Non-Molestation Order protects the person applying for the Order from violence, intimidation, harassment and communication from another individual. Our specialist Non-Molestation Order lawyers are highly experienced and are on hand to advise and assist.

Get an injunction today if you have been a victim of domestic abuse. The injunction is the legal notice to parties involved in a civil trial, refraining from doing specific acts.

Failure in compliance with an injunction order from the court can lead to a charge for contempt of court. If you have been the victim of domestic abuse, you can get an Injunction. Keep reading to find out more about the procedural proceedings.

What is a Non-Molestation Order?

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.

How to Applying for a Non-Molestation Order?

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.

Online Method to Applying for a Non-Molestation Order 

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. 

  • Creating an online account 
  • Brief the situation 
  • Provide details of the person who has abused you 

Moving forward with your application, you can also take the liberty of choosing a law firm for the review. For instance, if you are not capable of receiving any legal aid or pay for the expenditure of legal advice.

In that case, your application can be sent back to RCJ Citizens Advice to review for free. Based on the review response, the legal advisor will share the feedback. For if you need to make a court application and how can you submit one. 

The plaintiff can also request video conferencing or an audio call for a hearing. If your life has a serious threat to reach the court, and you need extra protection. You will need to provide valid reasoning while applying for an injunction.

Email or Post Method To Apply for a Non-Molestation Order  

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. 

  • First, you will need to check if you can apply for a non-molestation order or an occupation order. 
  • You need to download and fill in the application form (referred to as form FL401) and make two copies.
  • Write up a witness statement explaining the situation and type of the order required. 
  • Write a statement of truth at the bottom of your witness statement. The preferable use of words includes "I affirm that the details mentioned in this witness statement are true.(Sign and mention the date for statement of truth)
  • For candidates who wish to keep their information private can download and fill in form C8. 
  • Lastly, you can email or send these documents to the court- dealing with domestic abuse cases. There is no fee for this process. 

In terms of a related child, it must be one that the respondent is the parent of or has Parental Responsibility for.

You must be able to evidence to the Court that protection is required. Any incidents should be reported to the police so that they can investigate the offence and so a record is made.

The Court will consider all the circumstances and decide whether it is necessary for them to consent to a Non-Molestation Order.

Our specialist team will consider the merits of your case and advise you on the best way to move forward.

There's no better time than now

People rely on us, and we pride ourselves on our client-centered advocacy and representation.

Frequently Asked Questions

What are the Types of Molestation?

These are the following actions that come in molestation:

  • Abusive or nuisance messaging and calls
  • Acts or threats of violence
  • Stalking
  • Threats to damage property
  • Use of abusive language

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.

Who can it be applied to?

  • Child/stepchild
  • Civil partner/former civil partner
  • First cousin
  • Grandparent/grandchild
  • Niece/nephew
  • Parent/step-parent
  • Sibling
  • Spouse/former spouse
  • Uncle/aunt

How Long Does It Take to Obtain an Order?

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.

How Long Does the Order Last?

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.

Can you apply for 'Emergency Orders'?

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.

Can you apply for an Injunction if you are 17 or under?

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. 

What Happens If the Order is Broken?

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.

Why Choose Us?

Our specialist lawyers in Non-Molestation Order will be by your side throughout all stages of proceedings. They will discuss the merits of your case and present you with options on how to proceed.
We have helped many individuals across the country through the complex process of obtaining a Non-Molestation Order.

How to Get in Contact

Please call us on 01234 350 244 or email us at info@dvsolicitors.com for further information and advice about our services. We will happily provide you with a free initial discussion about your individual circumstances.
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