What is a non-molestation order and when do you need one?
In family law, particularly in regard to private law proceedings, non-molestation orders are both used and referenced frequently.
This article delves into what these orders are and how and when they are used.
What is a non-molestation order?
A non-molestation order is a court order, also known as an injunction, that provides protection to an individual from molestation, usually in situations involving domestic abuse.
The order can prohibit certain actions of another person to provide protection to the individual applying for the order. Such orders are usually made within the family court. A non-molestation order is legally binding, and it is a criminal offence to breach a non-molestation order. If the order is breached, this must be reported to the police.
What counts as molestation?
Molestation is given no explicit definition; however, an application can be made to stop certain actions. These can include, but are not limited to:
- Unwanted communication
- Harassment
- Stalking
- Physical abuse
- Excessive social media posting
- Damage to property
- Attending your property
- Encouraging third parties to do the above
For the court to make such an order, the application must satisfy the following criteria:
- There must be evidence of molestation
- The applicant needs protection
- On the balance of probabilities (so more likely than not), the molestation is so serious that the intervention of the court is needed.
Who can the order be made against?
A non-molestation order can be made against an ‘associated person’. This includes a current or former spouse/civil partner, a family member, the other parent of your child(ren), a current or former cohabiting partner, you live or have lived in the same household with(except if you are the other’s employee, tenant, lodger or boarder), or in relation to a child, either you are the parent of the child or you have or have had parental responsibility of the child.
In deciding whether to make a non-molestation order, the court will consider the circumstances of the individual. Mainly, the court will consider the need to secure the health, safety and well-being of the person and any children.
How long does a non-molestation order last for?
At the time of a non-molestation order being made, the court will issue a specific time frame in which the order is enforceable. This time frame can be extended if necessary and deemed appropriate to do so.
How do I apply for a non-molestation order?
A non-molestation order can be made on a without notice basis, meaning the other party will not be notified at first instance. The court will have to be satisfied that there would be a risk if the other party was made aware of the application.
The order (if it is made) will then be served upon the other party and sent to the police. This is when the order becomes binding. There will then be a further hearing, called a return hearing, to allow the other party to respond. The court will then either continue, discharge, vary the order or list the matter for a further hearing.
A non-molestation order can also be made on a with notice basis, which means the other party will be notified of the application at the same time it is sent to the court and they will then have the opportunity to attend the first hearing.
Look After You:
Everyone has the right to be protected from domestic abuse. If you are concerned for your safety or that of your children, you should contact the police immediately.
More support can also be found through Plymouth Domestic Abuse Service (PDAS).
Next steps:
If you need help from a specialist team of family law solicitors in Plymouth, then GA Solicitors is on your side. Ranked in The Legal 500 and Chambers UK, the team is recognised as leaders in their field. We understand the stress, worried and emotions you are going through and will guide you through each step.
Call us today on 01752 203500 or email enquiries@GAsoliccitors.com. You can also email me directly via lauren.walker@GAsolicitors.com.
You can read a recent and related article about emergency protection orders here.
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