Non Molestation & Injunction Orders

Domestic abuse can take place in many forms, including:

• Physical
• Emotional
• Psychological
• Financial
• Sexual
• Coercive control

Whatever type of abuse you are experiencing or have experienced, a Non Molestation order could protect you.

A Non-Molestation Order - also referred to as an Injunction - can forbid someone from using threatening, harassing, pestering, intimidating or violent behaviour against you and your children. The Order will set out certain actions your abuser is not allowed to take for as long as the Order is in place, such as approaching you, coming to your home, calling you, or contacting you on social media.

If the abuser breaches the Order, it is a criminal offence and they could go to prison. You can also take civil legal action against them to enforce the Order.

You can usually get a Non Molestation Order if you are a victim of domestic abuse and you and/or your children need protection from the abuser.

The subject of the Order must be an "associated person". This means they must be connected to you in some way, for example, they could be:

• A partner or former partner - this can include a married partner, a civil partner, or an unmarried partner
• Someone you lived with
• Someone you have a child with
• A family member
• Someone you have been involved in family proceedings, such as Child Arrangement Order proceedings

You can get a Non Molestation Order even if nothing came of criminal proceedings against the abuser. This is because Non Molestation Orders are civil orders and the standard of proof is lower than in criminal proceedings.

There are several steps to obtaining a Non Molestation Order:

Application

You need to make an application to court to get a Non Molestation Order. As your solicitors, we would handle this process on your behalf, checking with you to ensure you are happy with the information we submit.

Witness statement

Your application must be accompanied by a “witness statement”. Like the application, we can handle this on your behalf under your instruction to ensure we include all the relevant information and outline why you need protection from the court. The statement could include details such as:

• How you are associated with the abuser
• The abusive behaviour you need protection from
• Evidence of the abusive behaviour such as text messages, police reports or photographs of injuries
• What you want the Order to do

Service of the application

For most cases, you must serve a copy of the application and a witness statement on the person named in the application. This requires someone to put the papers directly into the hands of the person. We will arrange for a professional to do this on your behalf – you will not have to meet your abuser at all during this process.

In some situations, the court may allow the application without notifying the abuser. This usually happens where they think you could be put at risk or the application is urgent.

Court hearing

The hearing will be held in private so only you, your solicitor, the person named in the Order and their solicitor (if they have one) will be present. If the court has allowed you to make an application without notifying the abuser, they will not be present at the hearing.

At the hearing, the judge may request further information. If they need to adjourn the hearing to allow you to gather extra information, they will likely grant an Interim Injunction to protect you during this time.

If the court is satisfied with your evidence, they will make a Non Molestation Order.

Service of the Order

Once the court makes an Order, you will usually be required to serve a copy on the abuser. A copy should also be sent to your local police station. As with the application, we will handle this aspect on your behalf.

Non Molestation Orders usually last around 12 months, but the length will vary depending on the individual circumstances of your case. You can reapply for an extension near the end of the Order if you still need protection at that time. We can also handle your extension application on your behalf.

If the abuser breaches the Order, it is a criminal offence. This means you can report them to the police and they could be arrested and prosecuted. The maximum prison sentence for breaching an Order is five years. You can also start civil proceedings to enforce the Order.

There is no court fee for applying for a Non Molestation Order.

You will probably be eligible for legal aid to help with your other fees. You must provide evidence to show you or your children are or were at risk of harm. We can talk about applying for legal aid with you and help you make the application.