Non-Molestation Order
What is a Non-Molestation Order?
A Non-Molestation Order is a civil and family law remedy that protects individuals and their children from someone they have a close relationship with. It can be sought alongside criminal proceedings or even without police involvement.
The order prevents the “associated party” from molesting (harming) another person or child. Molestation includes physical, sexual, or psychological abuse, as well as harassment. Even without physical violence, emotional and psychological abuse are serious concerns for the family court.
Who can apply for a Non-Molestation Order?
You can apply if you are associated with or related to the person you are seeking protection from. This includes:
- Current or former spouse/civil partner
- Current or former fiancé/civil partner
- Current or former cohabiting partner
- Current or former boyfriend/girlfriend/partner
- Relatives by birth
Note: Other types of injunctions like Occupation Orders and Freezing Orders are also available.
Since spouses might act quickly to transfer, spend, or reduce assets to your detriment, it is crucial to act fast to prevent this. If you suspect your spouse or civil partner might dispose of assets, contact our team immediately for a detailed discussion.
How do I apply for a Non-Molestation Order?
We can help you draft the necessary family law injunction application and supporting statement. There is no court fee for this application.
Are you worried about your ex partner’s reaction?
If you fear your ex partner’s response to the injunction order application, you can request a “without notice” application. This means the court considers your application privately, without notifying the other party. If granted, the order would already be in place when they become aware, and any breach could result in their arrest.
What will the family court look at when considering my injunction application?
- Without notice
The court assesses the risk of harm to you and your child if the order is not immediately granted, compared to the harm to the respondent if it is. It also considers whether you would be deterred from applying if the order is not made right away, and if the respondent might evade being served with the application.
- On notice or contested
If the application is made on notice or the without-notice request is denied, a hearing is scheduled. The respondent can contest the order, leading to a fact-finding hearing where the court determines the truth and the appropriate order.
What if I’m served with a Non-Molestation Order application?
You have options:
- Do nothing – The order (if granted without notice) remains in effect. If you do not attend a hearing, the court is likely to grant the order as requested.
- Offer undertaking– These are solemn promises to the court about what you will or will not do. Non-compliance can lead to serious consequences.
- Contest the order – The court will schedule hearings to determine the facts and decide on the order.
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Can I apply for a Non-Molestation order to protect my child
Yes, you can include your children in any application if they have suffered or are at risk of harm. This might involve additional child welfare concerns and legal advice on child arrangements and other protective orders.
What happens after a Non-Molestation Order is granted?
Once a non-molestation order is granted, it is crucial to follow its terms strictly. If the respondent breaches the order, it is a criminal offence. You can report any breaches to the police, who can arrest the respondent. The court can then impose penalties, such as fines or imprisonment.
It is also important to keep a record of any breaches, including dates, times, and details of what happened. This will be helpful if you need to enforce the order or apply for further protection.
Duration of a Non-Molestation Order
Non-molestation orders typically last for a specified period, such as six months or a year. In some cases, the court may grant an indefinite order if there is a high risk of continued harassment or violence.
At the end of the specified period, you can apply for the order to be extended if you still need protection. The court will consider the circumstances and decide whether an extension is necessary.
How we can help you
As specialist divorce and family law solicitors, we understand the urgency of situations involving potential harm. We offer high client service levels and expertise recognised by Legal 500 2024, ranking us Tier 1 for family law. We have offices in Manchester, Altrincham, Wilmslow, Knutsford, and London.
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Non-Molestation Order Solicitors You Can Trust
Maguire Family Law are expert non-molestation order solicitors. If you’re experiencing domestic abuse, we can help you secure a non-molestation order to protect you and your children from harassment, violence, and intimidation.
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