Experiencing domestic abuse can be frightening and distressing. The law provides a number of protective measures to help safeguard individuals who are experiencing abuse or are at risk of further harm.
A non-molestation order is one of the most common forms of legal protection available. It is designed to prevent someone from threatening, harassing, intimidating or abusing another person. In many cases, it can be obtained urgently where immediate protection is required.
This guide explains what a non-molestation order is, who can apply for one and what happens if the order is breached.
Initial Telephone Discussion
For an initial telephone discussion, please call us on 01286 872779 or email admin@winrowsolicitors.co.uk and we will be in touch shortly. We advise clients across England and Wales.
What is a Non-Molestation Order
A non-molestation order is a court order made under the Family Law Act 1996 to protect individuals from domestic abuse.
The order prohibits a person from carrying out specified behaviour towards the applicant or, in some cases, a relevant child. Depending on the circumstances, the court can prevent someone from using or threatening violence, contacting the applicant, intimidating them or encouraging another person to carry out abusive behaviour on their behalf.
The purpose of the order is to provide protection from further abuse and help ensure the safety and wellbeing of those at risk.
Who Can Apply for a Non-Molestation Order
A non-molestation order is only available where the parties are considered to be associated persons under the Family Law Act 1996.
This includes spouses, civil partners, former spouses or civil partners, cohabitants, former cohabitants, individuals who have agreed to marry or enter into a civil partnership, family members and people who share parental responsibility for a child.
The court will consider whether the applicant requires protection and whether it is appropriate to make the order based on the evidence presented.
What Behaviour Can a Non-Molestation Order Prevent
Every non-molestation order is tailored to the circumstances of the individual case.
Depending on the level of protection required, the court may prohibit the respondent from:
- Using or threatening violence
- Contacting the applicant directly or indirectly
- Harassing, intimidating or threatening the applicant
- Attending the applicant’s home, workplace or another specified location
- Encouraging another person to contact or harass the applicant on their behalf
The terms of the order will depend on the circumstances of the case and the protection the court considers necessary.
Can a Non-Molestation Order Be Made Urgently
In situations where there is an immediate risk of harm, the court may make a non-molestation order without notifying the respondent in advance.
This is known as a without notice application. The court will only make an order without notice where it considers there is sufficient evidence that urgent protection is required or where giving notice would place the applicant or a child at greater risk.
If a without notice order is made, the respondent will usually have the opportunity to attend a later hearing to respond to the application.
How Long Does a Non-Molestation Order Last
The length of a non-molestation order will depend on the circumstances of the case.
Many orders remain in force for between six and twelve months, although the court has discretion to make an order for a longer or shorter period where appropriate. In some cases, an order may be extended if protection is still required.
The court will consider the ongoing level of risk when deciding how long the order should remain in place.
What Happens if a Non-Molestation Order is Breached
Breaching a non-molestation order is a criminal offence.
If the respondent breaches the terms of the order, the police may arrest them and criminal proceedings may follow. A person convicted of breaching a non-molestation order may face a fine, imprisonment or both, depending on the circumstances of the offence.
The existence of a court order also provides clear evidence that the court has already determined protective measures are necessary.
The Importance of Legal Advice
Applying for a non-molestation order can be an important step in protecting yourself or your family from domestic abuse.
Legal advice can help ensure that the correct evidence is presented, the appropriate application is made and any urgent protection is obtained as quickly as possible.
Where immediate risk exists, emergency applications may be available without giving advance notice to the respondent.
How We Can Help
We regularly advise clients who require protection from domestic abuse and assist with applications for non-molestation orders. Our team provides clear guidance throughout the process and can support you at every stage.
We offer:
- Advice on whether a non-molestation order is appropriate
- Assistance with preparing and submitting applications
- Guidance on urgent without notice applications
- Representation throughout court proceedings where required
How to Get in Contact
If you need advice about obtaining a non-molestation order or protecting yourself from domestic abuse, please contact our specialist team.
For an initial telephone discussion, call us on 01286 872779 or email admin@winrowsolicitors.co.uk
