Non Molestation Orders

What is a Non-Molestation Order?

A Non-Molestation Order is a type of injunction issued by the Family Court in the UK. It prevents a person (typically a former partner or family member) from doing certain things, such as using or threatening violence, harassing or intimidating someone, posting online or in print about someone, contacting someone, causing damage to possessions or going near a home or place of work. It is a form of protection designed to safeguard those who have experienced or are experiencing domestic abuse. The order is designed to protect both adults and children who may be affected by another person’s behaviour.

Domestic abuse is defined as any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over and who are ‘personally connected’ to each other. The types of abuse can include but are not limited to psychological, physical, sexual, financial and emotional abuse.

Who Can Apply for a Non-Molestation Order?

The Court must be satisfied that a person applying for a Non-Molestation Order is ‘personally connected’ to the person that they are seeking the Order against.

The law says that you are ‘personally connected’ to another person if:

• You are, or have been, in an intimate personal relationship with each other
• You are, or have been, married to each other
• You are, or have been, civil partners
• You have agreed to marry one another
• You have entered into a civil partnership agreement
• You have a child together, or share parental responsibility for a child
• You are relatives

How can I apply for a Non-Molestation Order?

A Non-Molestation Order requires an application to be made to the Family Court.

We would recommend that legal advice is obtained as soon as possible and ideally before making an application to Court.

It is possible for an application to be made on an urgent basis and without informing the other party until after the order is in place. If this happens, the Court will list a later return hearing to allow both sides to give their views about the application to the Court.  In situations which are considered less urgent, both parties will be required to attend a Court hearing without an initial first hearing. The Court will hear both sides before deciding whether to grant the Order. We can advise you which is most suitable in your circumstances.

A Non-Molestation Order typically lasts for a specific period, usually between 6 months and 12 months, but it can be renewed or extended depending on the circumstances.

When should I apply for a Non-Molestation Order

We would recommend that you seek legal advice as soon as possible if you are considering making an application to Court for a Non-Molestation Order.

When considering whether to make an Order, the Court will consider when the last incident happened and what the circumstances of the case are. Non- Molestation Orders are normally short-term orders, therefore if a lot of time has passed since the last incident, the Court may be hesitant to grant the application.

 How can David Gray Solicitors support you?

At David Gray Solicitors, we have an experienced team of legal professionals who can provide clear legal advice and guidance on your situation. We have solicitors who have specialist knowledge around domestic abuse and are accredited specialists. We also work with local support services to ensure that our clients have all the support they need.

We have an allocated injunction rota which means that there will always be someone available to speak to you, listen to your concerns and advise you on your circumstances accordingly.

Legal aid is still available for cases involving domestic abuse. We have a legal aid contract and can assess you to see if you are eligible for legal aid.

If you are experiencing harassment, threats or violence, we encourage you to get in touch with us without delay.

If you require advice or would like to speak to a member of the team, please contact us on 0191 232 9547.