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.
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.
Examples of ‘molestation’ are:
Abusive or nuisance messaging and calls
Acts or threats of violence
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.
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.
For a Non-Molestation Order, a relative is defined as any of the following:
Civil partner/former civil partner
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.
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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.
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 dialing 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 Non-Molestation Order lawyers 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 email@example.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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