Non-molestation orders can be very effective ways to offer peace of mind and well-being to people worried about intimidation and / or the threat of abuse and violence in a relationship.
Once in place, they can only be removed once a successful appeal has been made or the respondent provides an 'undertaking' (a statement outlining how they intend to behave going forward).
Monan Gozzett can provide expert legal advice when it comes to applying for a non-molestation order.
What Does 'Non-Molestation Order' Mean?
A non–molestation order is a civil order which prevents the respondent (the person subject to the order) from ‘molesting’ the applicant or a relevant child.
Examples of molestation include:
- violence or threats of violence
- use of abusive language
- nuisance phone calls
- shouting outside the applicant’s property
Non-molestation orders can be made not only by application, but also by courts’ own motion in any family proceedings to which the respondent is a party.
Getting A Non-Molestation Order
Getting a non-molestation order can be a really positive step towards obtaining peace of mind and reassurance for you and your family.
Anybody who is an ‘associated person’ with the respondent can apply for a non-molestation order. This can include spouses and former spouses / civil partners / former civil partners, cohabitees or former cohabitees. In other words, anyone who the applicant has lived with in the same household as part of a relationship.
The applicant could also include certain relatives of the respondent. For example their father, mother, son, daughter, brother, sister aunt, or uncle could also qualify.
Under certain circumstances, non-molestation orders can be applied for without giving notice to the opposing party. This is called an ‘ex parte’ non-molestation order. Our solicitors would be able to advise on how best to go about applying for such an injunction.
How Can A Non-Molestation Order Help?
Non-molestation orders are intended to protect victims of domestic abuse, whether that be physical, emotional, psychological, financial, sexual or coercive control.
They are often sought before issuing divorce proceedings or child care proceedings, particularly if there are concerns over how a respondent may react based on previous behaviour.
Non-molestation orders can therefore help give our clients peace of mind that should any issues occur which puts their or their children’s personal safety, health or wellbeing under threat, action can be taken.
Respondents who breach non-molestation orders can be arrested and punished by the court.
What Evidence Is Required For Non-Molestation Orders?
It can certainly strengthen your case to have evidence that supports your application for a non-molestation order.
Where possible it could be useful for your statement to include:
- Colour photos of any injuries / damage to property
- Relevant text messages / social media messages containing threats of violence or control
- Any relevant third part information (from your GP, a counsellor, support worker etc
If you would like to explore how our expert team of family lawyers can help you to apply for a non-molestation order, please contact Monan Gozzett using the details below.
Want to talk? Our Family Law Clinics are held once a month and offer complimentary 20-minute appointments. Find out if you could benefit.