Non-Molestation Order Solicitors

Caring Solicitors who can help you apply for a non-molestation order to protect you.

Non-Molestation Order Solicitors

Our Family Law Fees | Non-Molestation Order FAQs

If you have been the victim of domestic abuse, it is important that you not only you seek legal counsel, but also protection for yourself and loved ones.

The term “domestic abuse” has been left open to wide interpretation. It alludes to any “incident or pattern of incidents of controlling, coercive or threatening behaviour, violence, or abuse”. It includes (but is not limited to), psychological, physical, sexual, financial and emotional abuse.

A non-molestation order can keep you safe. Indeed, the Family Law Act 1996 gives you the right to seek an order prohibiting your abuser from contacting or being around you or your children.

While the court can order them not to come within certain distances of your property with an exclusion clause, an order requiring them to leave permanently can only come through as part of an occupation order.

How can Freeman Harris Solicitors help with your non-molestation order?

The legal process of applying for a non-molestation order can seem overwhelming, but never fear because we here at Freeman Harris Solicitors understand what is necessary in order obtain one.

You can rest assured that our team will act quickly and with your best interests in mind, ensuring you are safe from harm.

If you are in immediate danger and require a non-molestation order, it may be best for us to issue this without notice, please contact us, and we will outline the service we can offer, and the associated costs.

Family Team

Catherine (Cat) carries out a broad range of private client work which include the all family law related work. Her expertise is in resolving family law matters.

Phuong Troung Rohana works on all all legal aspects of relationships, children matters and financial disputes in the Family Law area.

Isabel assists the family law department with all the initial information gathering and research work, which helps drive the department to get fair results for clients.

What our clients say?

Common Non-Molestation Order Questions

What exactly is molestation?

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.

Can you apply for a non-molestation order?

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
– 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

What are the next steps in issuing 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.

What options will be available to your perpetrator?

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.

Can you extend a non-molestation order?

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.

What happens if the respondent breaches the order?

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.

How much does a non-molestation order cost ?

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.

Divorce - PetitionFrom £750£150From £900
Dicorce - RespondentFrom£550£110From£660
Financial MatterFrom £200 hourly rate£40From £240 hourly rate
Children Law MatterFrom £200 hourly rate£40From £240 hourly rate

Contact us to Discuss a Non-Molestation Order

Discuss your matter with us.

+44 (0)207 790 7311