Obtaining a Non-Molestation Order

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If you have been subjected to domestic abuse, you may want to apply for a civil injunction or a non-molestation order to protect you and your family from further abuse.

The legal specialists at Ramsdens Solicitors can help you to obtain this protection quickly, and we will act in your best interests to ensure you are safe.

We have helped many people in your position, and our solicitors will act with diligence to ensure you are given the help you need.

We are recognised as a Law Society-accredited Family Law solicitor, which means we are well-placed to offer you assistance at this time.

Operating from offices across Yorkshire, our team is ready to help you obtain a non-molestation order. Contact us today by calling 01484 821 500 or fill out an online enquiry form, and we will be in touch with you at a time that is suitable, and safe, for you.

WHAT IS A NON-MOLESTATION ORDER?

A non-molestation order prevents your partner or ex-partner from using or threatening abuse against you or your children. It will also prevent this person from harassing or pestering you. The order is aimed at ensuring the health, safety and wellbeing of you and your family.

The order can prevent your partner or former partner from coming within a certain distance of your property.

In most cases, the respondent - the individual who the order has been made against - does not know that the order is being applied for. They are only made aware of it when they are served with the order.

There is no set legal definition for domestic abuse and arguably, it has been purposely left to wide interpretation but can include, but not limited to, the following:

• Coercive control (patterns of intimidation, degradation, isolation and control with the use or threat of physical or sexual violence)
• Psychological and/or emotional abuse
• Physical or sexual abuse
• Financial or economic abuse
• Harassment and stalking
• Online or digital abuse.

Non-molestation orders tend to be valid for six or 12 months. A period of 12 months is likely to be appropriate in cases of long-term abuse. A period shorter than six months may be preferred in a case where there appears to be a one-off problem that is likely to subside after a short time, rather than prolonged abuse that has occurred on several occasions.

At Ramsdens Solicitors, we can offer assistance relating to all aspects of non-molestation orders. We will handle your case quickly and with the utmost sensitivity. Legal Aid is also available for applicants in non-molestation order proceedings, if financially eligible.

HOW TO APPLY FOR A NON-MOLESTATION ORDER?

Firstly, in order to apply for a Non-Molestation Order, you must be an ‘associated person’ for the purposes of Section 62 (3) of the Family Law Act 1996. This list can be summarised as follows:

• You are or have been married to the perpetrator
• You are or have been a civil partner of the perpetrator
• You are or have been cohabitants
• You live or have lived in the same household (but note, this does not apply to employer, tenant or lodger)
• You are relatives (this includes full blood relationship but also includes relationships by marriage e.g. step-father)
• Have agreed to marry one another (must be evidence of this, e.g. an engagement ring)
• Have entered into a civil partnership agreement
• Have had an intimate personal relationship of significant duration (this is assessed on a case by case basis)

If you fall into any of the above categories, you may proceed with an application for a Non-Molestation Order. The relevant application form is FL401. In addition to this, you will be required to submit a Statement in Support. The statement would detail the incidents of domestic abuse that you have been subjected to, with the most recent incident first. For the court to consider making an order, we advise that the most recent incident should be no longer than 2 weeks prior to making the application.

The deadline for the court to consider making an order on the same day is usually around 3.30pm. If the matter is urgent and there is a serious and real threat to life, we can make an application for the court to consider an application out of hours.

The application can be made ‘ex-parte’ which means that an order can be made without the perpetrator of domestic abuse ‘the Respondent’ being notified beforehand. The Respondent will then be served with the order and the court will list a return hearing in which they will have the opportunity to make their own representations about the order.

WHAT OPTIONS ARE AVAILABLE TO THE RESPONDENT?

• Accept the order with admissions.
• Accept the order with no admissions – this means that they do not accept the allegations of domestic abuse but are agreeable to the order remaining in place for 12 months.
• Provide an undertaking – the Respondent can provide an undertaking, which ultimately is a promise to the court that they will not perpetrate domestic abuse. It is important to note that the court will only accept this if you are also agreeable. An undertaking is only advisable in certain circumstance, as there is no power of arrest attached to it.
• Contest – the Respondent may contest the order. If the Respondent contests the order, the matter would be listed for a further hearing. At this stage, the Respondent would be able to file their own statement, and you would also have an opportunity to file a further statement. It may also be necessary to obtain police disclosure.

WHO ISSUES A NON-MOLESTATION ORDER?

If you want to issue a non-molestation order against a partner or former partner, you will need to do the following:

• Check if you are eligible to apply by speaking to a solicitor about your circumstances who will be able to advise you on the next steps to take
• Download and fill in an application form (form FL401) and make two copies
• Write your witness statement to tell the court what has happened and ask for the relevant order
• At the end of the witness statement, write a statement of truth. You should use the following words: “I believe that the facts stated in this witness statement are true.” Sign and date the statement of truth.
• Download and fill in this form if you want to keep your address and telephone number private.
• Deliver or send all the documents to your solicitor, who will then issue the order

WHAT HAPPENS IF THE PERPETRATOR BREACHES THE ORDER?

There are a number of routes available if the Respondent breaches the terms of the Non-Molestation Order.

The Non-Molestation Order has a power of arrest attached to it, which means that if the Respondent breaches the order, you can call the police and the Respondent will be arrested. The police will have also been served with a copy of the Non-Molestation Order and therefore, it will be on their records.

The Respondent can face up to 5 years imprisonment and/or a fine, dependant on the seriousness of the breach.

HOW CAN I FUND THE NON-MOLESTATION APPLICATION?

There is no court fee for the application, however there are fees associated with the application if you choose to instruct a solicitor to assist.

Where there has been domestic abuse, you may be eligible for public funding, which is referred to as ‘Legal Aid’. In order to ascertain whether or not you would be eligible for funding, we would need to ask you a number of questions including what benefits you are receiving, details of your employment and income and capital considerations such as whether you have savings, a property or a car. We would also require 3 months bank statements so that we could review your income and outgoings and assess the merits of applying for Legal Aid. You would be required to provide documentary evidence of your financial circumstances to us prior to the application being made.

If you are receiving income from employment but also receive a passported benefit such as Universal Credit then it may be that the Legal Aid Agency will pay towards your legal costs, however they may not fully fund your fees.

CAN A NON-MOLESTATION ORDER BE EXTENDED?

Non-molestation orders are usually for a specified period of time. They can be renewed, or they may be made to last until a further order is given.

There is no time limit on the period of time that a non-molestation order can be extended for.

If you are in immediate danger, and you require an emergency non-molestation order, you can apply for this without notice. This can be particularly helpful if you require immediate protection.