When an ex-partner makes false allegations, it can be easy to become distressed and overwhelmed....
You are entitled to feel safe and no person has the right to hurt you or make you feel scared or vulnerable. A Non- Molestation Order (or Injunction Order) can prevent your abuser from threatening, harassing or intimidating you and your children. You may be able to get a Non- Molestation Order even if the police or criminal courts are unable to take further action.
If you are experiencing or have experienced domestic abuse at the hands of a partner, former partner, relative or someone you live with/used to live with, we can help you take legal action to protect you and your children.
Our team of warm, welcoming family law solicitors take issues of domestic violence extremely seriously. There is never an excuse to hurt the people close to you, whether it be physical harm, isolation from friends or family, or cruel words.
Domestic violence can affect anyone, regardless of age, sex, gender, religion or other personal characteristics. We advise individuals from all walks of life. In particular, we have experience advising LGBT+ individuals experiencing abuse in their relationships.
As a victim of domestic violence, it is likely that you will be eligible for legal aid to help pay for the cost of taking legal action.
For further advice about getting a Non- Molestation Order in the UK, get in touch with our domestic violence solicitors today or fill in our online enquiry form and a member of our team will be in touch shortly.
What is a Non-Molestation Order?
Domestic abuse can take place in many forms, including, physical, emotional psychological, financial, sexual and 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.
Who can apply for a Non-Molestation 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.
How to get a Non-Molestation Order?
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 to 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.
How long does a Non-Molestation Order last?
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.
What happens if the abuser breaches the Order?
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 a Non-Molestation Order is five years. You can also start civil proceedings to enforce the Order.
What are the grounds for a Non-Molestation Order?
If a family member, partner, or ex-partner is subjecting you or your children to threats, harassment or violence, there are grounds for a Non-Molestation Order.
The Court will proceed to grant a Non-Molestation Order, where it is believed that the individual seeking protection, or any children related to the case, is likely to experience significant harm, due to the actions of the abuser, which covers:
- Any type of violence or threat of violence
- Any type of harassment, intimidation or stalking
- Any type of persistent unwanted contact including via social media, texts, emails or phone calls
- Any type of behaviour that means the individual is scared for their own safety, or that of their children
Can the police serve a Non-Molestation Order?
No, it is not the role of the police to serve Non-Molestation Orders. It is the role of the Court to issue the Order.
Regardless, where a Non-Molestation Order is breached, the police can intervene to arrest the respondent and charge them for violation of the Order.
Do I have to attend court for a Non-Molestation Order?
No, you will not necessarily have to attend court to get a Non-Molestation Order. To obtain one, you’ll need to complete a Court application, detailing the abuse or harassment you’ve experienced. The Court will then assess your application and potentially grant the Order without asking you to attend Court.
How easy is it to get a Non-Molestation Order?
Obtaining a Non-Molestation Order relies on demonstrating to the court that the victim has been subjected to violence, intimidation or harassment. How easy it is to obtain a Non-Molestation Order depends on the case itself, and the available evidence.
Rest assured, our solicitors at Crisp and Co will do everything we can to ensure that you obtain the Order, ensuring the safety of you and your family.
How long does it take for a Non-Molestation Order to be served?
It usually takes a few weeks for a Non-Molestation Order to be served, however, in emergency circumstances it is possible to obtain one immediately.
If you need to obtain an emergency Non-Molestation Order, please get in touch with our solicitors, for more information.
What evidence is needed for a Non-Molestation Order?
The type of evidence that is needed for a Non-Molestation Order includes documentation, witness statements, incident logs, and potentially, medical reports and video or photographic evidence if appropriate.
Can I serve a Non-Molestation Order without notice (ex-parte)?
In some situations, it is possible to obtain a Non-Molestation Order without notice, also known as an ex-parte application. Such applications can be made where a person requires protection as a matter of urgency, or where providing notice could compromise the applicant’s safety.
How much does a Non-Molestation Order cost?
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.
Why choose Crisp & Co’s domestic violence solicitors?
Crisp & Co is a firm of warm, friendly family law solicitors dedicated to helping victims of domestic violence take action against their abusers. We want to help you achieve a safer and happier future for you and your children.
As a firm, we are members of the Law Society’s Family Law Advanced Accreditation scheme, which is only awarded to firms which demonstrate expert experience in complex family law matters, including cases involving domestic abuse and violence.
We are also members of Lexcel, the legal practice quality mark for firms which show excellent legal practice management and client care. We aim to make our services as accessible as possible for every individual, creating a welcoming environment we hope will help you feel comfortable and safe while we discuss your case.
We understand that taking legal action can be a stressful and frightening process. We will provide gentle, professional support throughout, including pointing you towards other services to help you get your life back on track, such as housing services.
We offer a full-solution family law service to assist you with any and all issues you may have, including advice on other domestic violence matters and help getting a divorce or civil partnership dissolution.
Get in touch with our domestic violence solicitors
For further advice about getting a Non-Molestation Order, get in touch with our domestic violence solicitors today or fill in our online enquiry form and a member of our team will be in touch shortly.