Taking out a non-molestation order against your abuser is one of the most effective strategies to protect yourself from domestic abuse. They are one sort of injunction, a phrase that refers to any court order that prohibits someone from engaging in specific behaviour, such as threatening you, or restricts their conduct, such as visiting your home.
A non-molestation order is often imposed to ban an abuser from physically harming or threatening you, intimidating, harassing, bothering, or interacting with you. An order may prohibit the abuser from coming within a specified distance of you, your home location, or even your place of employment. In rare cases, it may also encompass your children. Additionally, an order prohibits the abuser from advising or inciting others to commit any of those acts.
A non-molestation order can protect you from behaviour that is not criminal in and of itself, or in circumstances where the police react to a 999 call but conclude that there is insufficient evidence to charge your abuser with a criminal offence such as assault. If you have a restraining order against your abuser, the police can arrest him or her for violating the order. To file a non-molestation order, you and your abuser must have “association” as defined in the Family Law Act 1996. This category contains individuals who are or were married, civil partners, cohabiting, or partners. Additionally, it includes relatives and in-laws, as well as people who share a kid.
When determining whether to grant an order, the court will consider all of your circumstances, most notably the necessity to protect your health, safety, and well-being, as well as the health, safety, and well-being of any children. Evidence of abusive text messages/emails, as well as photographs of any injuries or property damage, will bolster your case. An emergency application for a non-molestation order may be made if the incident occurred recently, ideally within the last week, unless there is a compelling basis for the delay. If an order is issued without notice, a subsequent hearing occurs around 14 days later to allow your abuser to express their opposition to the order. A non-molestation order is typically granted for six to twelve months, though it may be extended in specific instances.
Additionally, an order can be extended. A non-molestation order does not require a warrant of arrest because violating it is a distinct criminal offence. You may get a restraining order against someone who has been physically abusive toward you or who harasses, intimidates, or bothers you.
This category of abuse includes, but is not limited to, the following:
- Psychological abuse.
- Physical abuse.
- Sexual assault.
- Financial exploitation.
- Emotional exploitation.
If your abuser breaks the order, you can either report him or her to the police to commence criminal procedures, or begin civil proceedings by requesting that the responder be arrested and/ or punished by the family court that made the order. In criminal court, the maximum sentence is five years in prison plus a fine; in family court, the maximum sentence is two years in prison plus a suspended term or fines.
Our Family Law Solicitors can help you to apply for a Non Molestation Order.