A Non-Molestation Order is obtained to protect victims of domestic abuse and their children, if necessary.
The Order is obtained through the Family Court and prevents the Respondent (the perpetrator of the abuse) from doing the following (this is not an exhaustive list and some or all may apply to each case):-
- Using or threatening violence
- Coming within a certain distance of the victims property
- Using threatening or abusive language
- Communication by telephone, letter, text message and social media
- Sending any threatening communication
- Damage, attempt to damage or threats to damage property belonging to the victim, jointly owned by the parties or the contents of the home
- Instructing or encouraging another person to do something that the Respondent is forbidden to do by the terms of the Order.
Non-Molestation Orders are often obtained on a without notice (ex-parte) basis, therefore the Respondent is not aware that the Order has been applied for until it has been granted by the Court, this is done to protect the victim.
To apply for an Order the relevant Application form which is a FL401 form needs to be completed. This is lodged at the Court with a detailed Statement setting out the history of domestic abuse up to and including the most recent incident. There is no Court fee to make an Application for a Non-Molestation Order.
The Court then consider this and if granted, the Order will be served upon the Respondent. This is usually served personally by hand although other service methods are available such as telephone, text message and social media if personal service cannot be effected.
The Police are also aware of the Order and served with a copy so that they know this is in place and they can assist if there is a breach of the Order. It is a criminal offence to breach a Non-Molestation Order and any breaches must be reported to the Police immediately.
At Ramsdens, we recognise the importance of obtaining protection for a victim of domestic abuse as quickly as possible to ensure that risk can be minimised at the earliest opportunity. Our team are here to guide you through the process and advise you on funding options such as Legal Aid as Legal Aid is available to cover Applications for a Non-Molestation Order.
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We offer free 30 minute consultations that can be done over the telephone to ensure that you receive expert advice as quickly as possible.
CONTACT US
Call our family helpline on 08000 147 720 or send us an email to book a free information session.