How Do I Obtain a Non-Molestation Order (Restraining Order)?

What is a Non-Molestation Order?

A Non-Molestation Order is a court order that prevents an individual (such as a partner, ex-partner, or associated person) from committing or threatening abuse against another person, whether it be direct or indirect.

This includes abusive behaviours like harassment, intimidation, and pestering through various means such as in-person encounters, phone calls, emails, letters, or social media.

It can be crucial for protecting those who are experiencing domestic abuse as breaching this order is considered a criminal offence.

Who Can Apply for a Non-Molestation Order?

To apply for a Non-Molestation Order, you must be considered an “associated person” to the abuser. This means you share a certain relationship with them, which could include one of the following situations:

• You are or have been married to the person;
• You are or have been in a civil partnership;
• You are or have been cohabiting (including same-sex couples);
• You have lived together in the same household;
• You are family members or related;
• You have a child together or parental responsibility for a child;
• You were in an intimate relationship for a significant period, even if no longer involved;
• You are involved in the same family legal proceedings.

How to Obtain a Non-Molestation Order

To obtain a Non-Molestation Order, you need to apply to the court, submitting a statement detailing the allegations of abuse or domestic abuse. The person you are seeking protection from (the respondent) will be notified of your application, and both parties will be required to attend a court hearing. If you are concerned for your safety while attending court, special measures can be arranged to protect you.

If the respondent agrees to the allegations or fails to appear, the Court will issue the order. The length of the Order is granted at the discretion of the Court. They typically last for at least 3 months up to 12 months, although it can be extended or indefinite if necessary. If the respondent denies the allegations, a final hearing will take place where the judge will determine whether the order should be granted.

In cases where notifying the abuser about the application may provoke further abuse or intimidation, you can apply for the order “without notice” meaning the abuser will not know about the application until the order is served upon them.

The court’s decision will be based on the health, safety, and well-being of you and any children involved. The court will assess if there is sufficient evidence and need for protection and decide on the balance of probabilities whether judicial intervention is necessary to stop the abuser’s behaviour.

Contact Us

At Everys Solicitors, we understand the seriousness of domestic abuse and can assist you in applying for a Non-Molestation Order. Our team of compassionate and knowledgeable solicitors is dedicated to prioritising your and/or your children’s safety.

For expert advice, contact our family law experts today by calling 01392 848923 or emailing nahanni.simcox@everys.co.uk.