Granted by the Court under the Family Law Act 1996, a Non-Molestation Order is a court order instructing the Respondent not to do certain things. The terms are decided by the court to be what is necessary to protect you.
They may include that the Respondent is not to harass or intimidate you, or get someone else to do that either. That they must not pester you over the phone or by text or on social media. It might be that the Respondent keeps coming to your home, and a provision that excludes the Respondent from your home or other safe place is necessary. If your children are also at risk, the order can be extended to protect them.
The initial order can even be made ‘Without Notice’ to the other person, so by the time they appear in court to have their say, the order is in place for your protection.
WHO CAN APPLY?
You can apply if the person you want protection from is an “associated person” under the Family Law Act 1996. This includes:
· Your spouse, civil partner, or ex-partner.
· Someone you live with, or used to live with.
· Someone you have (or had) an intimate relationship with.
· The parent of your child.
· Certain family members, such as relatives by blood or marriage.
WHEN MIGHT IT BE NEEDED?
You may wish to apply for a Non-Molestation Order if you have been experiencing domestic violence, whether physical, emotional or psychological. It can also be used if a partner or ex-partner has been stalking, harassing, or repeatedly contacting you in ways that cause distress. The order is designed to stop behaviour that makes you feel unsafe or fearful, whether that involves threats, unwanted visits, or controlling behaviour.
HOW LONG DOES AN ORDER LAST?
The court usually grants a Non-Molestation Order for a fixed period, often six months to a year. In urgent cases, the court can make an emergency order straight away, even without informing the other person in advance. This is sometimes called a “without notice” or ex parte order. If protection is still needed when the order expires, it can be extended by applying again to the court.
BREACHING A NON-MOLESTATION ORDER
It is a serious matter to breach a Non-Molestation Order. Breaking the terms of the order is a criminal offence, and the police have the power to arrest the offender if they do not comply. If convicted, they could face a prison sentence of up to five years, as well as other penalties. If you have a Non-Molestation Order in place and it is breached, you should call the police straight away.
APPLYING FOR A NON-MOLESTATION ORDER
– You will need to complete an application form and provide a statement explaining your situation and why protection is needed.
– You may also apply at the same time for an Occupation Order if you need to regulate who lives in the family home.
– Legal aid is often available for victims of domestic abuse who cannot afford to pay for legal representation.
HOW THE COURT DECIDES
When deciding whether to grant the order, the judge will look at:
· Your safety and the safety of any children.
· The behaviour of the person you are applying against.
· Whether the order is necessary to protect you from further harm.
The court’s main priority is your protection and well-being.
GETTING LEGAL ADVICE
Non-Molestation Orders are powerful legal tools that can provide essential protection. Because they carry serious consequences for the person they are made against, it is a good idea to seek legal advice before applying. A solicitor can guide you through the process, prepare your application, and represent you in court if needed.
If you are in immediate danger, always call 999.
For confidential support, you can contact the National Domestic Abuse Helpline on 0808 2000 247, or charities such as Refuge, who can offer advice and assistance.
