Overview:
Non-Molestation Order Route in Family Law (UK)
A Non-Molestation Order is a type of injunction used in the UK to protect individuals from abuse, harassment, or threats from a partner, ex-partner, or family member. It is designed to prevent the abuser from contacting or approaching the victim. This guide provides an overview of the Non-Molestation Order route in family law and includes frequently asked questions to help you understand the process.
What is a Non-Molestation Order?
A Non-Molestation Order is a legal order issued by a family court to protect someone from being molested by another person. “Molestation” includes a wide range of behaviors such as physical abuse, harassment, threats, and intimidation. The order is typically sought in cases of domestic violence or when there is a need to protect a vulnerable person from harm.
Who Can Apply for a Non-Molestation Order?
To apply for a Non-Molestation Order, you must have a certain relationship with the abuser, such as:
The Application Process:
Seek Legal Advice:
- Consult a Solicitor: It is advisable to consult a solicitor who specializes in family law to assist you with the application process. A solicitor can help you gather the necessary evidence and present your case effectively.
Filing the Application:
- Complete the Forms: The application involves completing a form (FL401) and providing a statement explaining why you need the order. You may also need to provide evidence of the abuse or harassment you have experienced.
- Emergency Orders: If you need immediate protection, you can apply for an emergency order without the abuser being notified (ex-parte order). The court will then decide whether to grant the order on the same day.
Court Hearing:
- Attending the Hearing: If the order is not granted on an emergency basis, there will be a court hearing where both parties can present their case. The judge will decide whether to issue the Non-Molestation Order.
- Duration of the Order: The order can be granted for a specific period or indefinitely, depending on the circumstances.
What Does a Non-Molestation Order Do?
A Non-Molestation Order typically includes the following provisions:
- Prohibition of Contact: The abuser is forbidden from contacting the victim directly or indirectly (e.g., through all kinds of social media or mutual friends).
- Exclusion Zones: The order may prevent the abuser from coming within a certain distance of the victim’s home, workplace, or other specified locations.
- No Harassment: The abuser is prohibited from harassing, intimidating, or threatening the victim in any way.
Consequences of Breaching a Non-Molestation Order:
Breaching a Non-Molestation Order is a criminal offense in the UK. The consequences may include:
- Arrest: The police have the power to arrest the abuser without a warrant if they breach the order.
- Criminal Charges: The abuser may face criminal charges, which can lead to imprisonment, fines, or both.
- Further Legal Action: The victim can take further legal action, such as seeking a restraining order or applying for additional protective measures.
FAQ (Frequently asked questions):
In urgent cases, you can apply for an emergency order, which may be granted on the same day without the abuser being notified.
Anyone who is experiencing harm or is at risk of harm from a partner, ex-partner, or family member can apply for a non-molestation order
Yes, you will need to provide a statement and any supporting evidence, such as text messages, emails, or witness statements, to show why the order is necessary.
Evidence can include witness statements, medical reports, police reports, or any other documentation that supports your claim of harm or risk of harm
Yes, you can apply if you have a relevant relationship with the abuser, such as a former spouse, cohabitant, or family member.
Breaching the order is a criminal offence. You should report the breach to the police immediately, who can arrest the abuser and take further legal action.
The duration of the order is determined by the court and can be for a specified period or until further notice.
Yes, the abuser can attend the court hearing and present their side of the case. The judge will then decide whether to grant or dismiss the order.
Non-Molestation Orders are generally only enforceable within the UK. If you move abroad, you may need to seek protection under local laws.
Yes, you can apply for both. An Occupation Order regulates who can live in the family home, while a Non-Molestation Order prevents harassment or abuse.
If you feel in immediate danger, contact the police. They can provide temporary protection until the court hears your case.
If the abuser violates the order, report the breach to the police. The order gives them the authority to arrest the abuser without a warrant.
Yes, the order can include provisions to protect your children if they are also at risk of harm.
The abuser will be informed if the court grants the order, unless it’s an emergency ex-parte order, in which case they will be notified after the order is in place.
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