Non-Molestation Order Solicitors

Molestation can take many forms, including any type of physical, psychological or sexual abuse that has an adverse effect on your health and well-being- Harm to health is not solely limited to physical health. Violence, threats, telephone calls and stalking are all examples of harmful behaviour.

Although there has to be some deliberate conduct such that the victim is harassed, violence is not aprerequisite.

In order to apply for a non-molestation order, you must be ‘associated’ with the respondent.

This means that you fall into one of the following categories:

– You are or have been married to the respondent
– You have entered a civil partnership with the respondent
– You and the respondent are cohabitants or former cohabitants
– You both live in the same household (though not a lodger)
– You are relatives (either by full blood relationship or relationship by
marriage)
– You are engaged to be married
– You are engaged to enter a civil partnership
– You have had an intimate personal relationship for a significant duration
– You are the parent of a child or have parental responsibility of someone who
requires a non-molestation order

If you fall into one of the categories mentioned above, speak to one our solicitors and we will help guide your next steps.

Usually, you will then need to:

– Fill in the application form FL401
– Write your witness statement, outlining past instances of domestic abuse
you have been subjected to, starting with the most recent incident.
– Send the documents to your solicitor who can then issue the order.
If there is an emergency, the deadline to ask the court for a hearing out of
hours is usually around 3:30pm.

The application will often be made “ex parte” which means that the respondent will not be notified beforehand. Once the respondent is served with the order, they will have the opportunity to make representations about their own circumstances
at a return hearing.

When considering whether to grant you the order, the court must weigh three principles: there must be evidence that molestation is going on, applicants or children must need protection from their abusers and it is up for debate whether
judicial intervention could potentially control the respondent’s behaviour.

You should note that applying for a non-molestation order is not appropriate in situations where the dispute involves family property.

Besides, you should not use such an order where there is a risk to your privacy and your details will likely become public knowledge.

The respondent can either decide to:

– Accept the order with admissions.

– Accept the order with no admissions- This means that they are acknowledging guilt, but not admitting any wrongdoing. They do not accept the allegations of domestic abuse but are agreeable for a year-long order.

– Provide an undertaking– it is a promise to the court that they will behave correctly. It means that they do not admit to your allegations against them but instead agree upon conditions for behavior in order to prevent further legal disputes. The court will only accept this if you are also agreeable.

– The Respondent may contest the order. If they do, then it will be listed for a further hearing.

Non-molestation orders usually last up to 12 months. They remain in place until a
further order is made, and can also be renewed if necessary.

Breach of a non-molestation order is an arrestable offence. The respondent could face up to five years imprisonment and/or a fine, depending on the severity of their breach.

There is no court fee for this process, but you might have to pay fees if you need a lawyer to assist you with the application. You may also be eligible for public funding, which is referred to as ‘Legal Aid’. To ascertain whether or not you would receive this aid, please speak with one our solicitors.