Evidence Required for a Non-Molestation Order

If you and/or your child are suffering from violence, threats, harassment, or intimidation from an associated person to you, it is possible to apply in the Family Courts for an injunction to help protect you. This is called a non-molestation order. In making an application under the Family Law Act 1996, the court require evidence to be submitted with the application. The evidence will depend on whether the application is with notice, or without notice to the alleged person.

What is an associated person and is evidence required?

To apply for a non-molestation order, you must be an associated person. An associated person must be someone that falls into one of the below categories:

• Former/current spouse.
• Civil partners/cohabitants.
• Fiancés.
• Relatives.
• People living in the same household.
• Both either parents of children or have parental responsibility for the child.
• Those who have been in an intimate relationship of significant duration.
• Both are parties to the same family proceedings.

The court does not require actual evidence to prove that the person is associated with you but does require you to state from which category above the person falls into. It may be that the association is disputed by the other person. If so, the court may then require evidence to determine your relationship with the other person.

What evidence is needed for a ‘with’ notice application?

The person applying to court for the injunction must complete a Form FL401 and a witness statement setting out in detail what has taken place. The witness statement should include, where possible, evidence to establish the incidents that have taken place are true.

Molestation involves any form of physical, sexual, or psychological molestation or harassment that has a serious impact on the persons health and well-being. Violence is not a prerequisite.

The witness statement should clearly show, in chronological order, the incidents which have led to you and/or your child needing protection. The content of the statement should be detailed and specific to include dates and times. Any evidence of those incidents should also be exhibited to your witness statement. This may be emails, text messages, letters, social media posts, photographs, and medical information. This is not an exhaustive list.

If you have previously obtained a non-molestation order or an undertaking to the same effect, you should provide the court with a copy. If you are involved in ongoing Family Court proceedings with the associated person to you, it may be appropriate to include information pertaining to those proceedings.

It is important that the court are provided with a detailed account of the circumstances of the molestation that has taken place. Failing this, the court may not be satisfied that protection is required by granting the order.

What evidence is needed for a ‘without notice’ application?

Usually, the other person will be told if a court application is made against them, however this may not be appropriate if your safety and/or the safety of your child is at risk. In this circumstance, you may make an application to the court for without notice.

In this situation, your application is urgent and under time pressure in light of the safety risk posed to you and/or your child. In addition to the evidence needed for a ‘with notice’ application, you will need to satisfy the court of the urgency of your application by providing evidence within your witness statement of the imminent risk of harm posed by the other person to you and/or your child.

An imminent risk of harm requires an incident where the persons conduct seriously jeopardise and endangers the physical and mental health, and safety of you and/or the child, if protective action is not taken by the court immediately.

If you fail to provide evidence of an immediate risk of harm, the court may not grant you the order on a without notice basis.

Contact us.

If you feel you are suffering from any of the above-mentioned behaviour, we strongly encourage you to speak to one of our expert family lawyers who can advise you.

Call us on 01392 477983 or email us at FamilyNewEnquiries@everys.co.uk .