‘It is really important to remember that domestic abuse is rarely just about physical violence,’ says Suzanne Oldnall (BEM), Partner and Head of Domestic Abuse in the family law team with QualitySolicitors Parkinson Wright. ‘It is a pattern of incidents used to establish power and control. This can include: coercive control, harassment, economic control, threats and intimidation, and so there does not have to be an element of physical abuse to seek help from the family courts.’
Suzanne explains how to obtain a non-molestation order and how it would operate.
What is a non-molestation order?
A non-molestation order is a type of injunction issued by the Family Court. Its primary purpose is to prevent the abuser from doing the things that are scaring you, harming you, or making you fear for your safety. It can also extend to protecting any relevant children involved, because quite often these situations will occur within the family home.
It is a court order, and so is legally binding on the abuser and deters them from continuing their abusive behaviours towards you. Moreover, whilst it is made in the Family Courts, it does give the police certain powers to act if your abuser breaks the terms.
Who can apply for an injunction?
To apply for a non-molestation order, you must be an ‘associated person’. This means you have a specific relationship with the other person, such as:
- being (or having been) married, in a civil partnership, or engaged;
- living together (or having lived together) in the same household;
- being relatives;
- having a child together; or
- having been in an ‘intimate personal relationship of significant duration.’
How will it keep me safe?
The order sets out what the other person is prohibited from doing to you and, essentially, it acts as a legal barrier between you to protect you from harm. It typically prohibits the other person from:
- using or threatening violence against you;
- harassing or intimidating you;
- communicating with you by any means (phone, email, social media);
- coming within a certain distance of your home or workplace (often referred to as a ‘exclusion zone’); and
- instructing a third party to do any of the things the order prohibits them from doing.
Once the order is ‘served’ on the party (in other words it has been provided to them, in a way the court has permitted) they are deemed to know about it, and it takes effect from then. For many, the mere existence of the order is enough to deter further harassment. Your legal adviser will arrange for the order to be sent to your local police station, so that the police have it on their system and will know of the terms of the order if you have to call them about it.
What happens if they breach the non-molestation order?
Although it is an order made in the Family Court, breaching a non-molestation order is a criminal offence. If the other person does anything forbidden by the order, they can be arrested immediately by the police. This is why it is important for a copy of the order to be sent to your local police station and put onto the police system, so that you do not have to spend time explaining to the officers when you call to report a breach. If found guilty in a criminal court, the other person can face up to five years in prison.
How do I get a non-molestation order?
It is always a good idea to get legal advice from our specialist family solicitors, who will take the stress out of applying for a non-molestation order for you. The process is designed to be accessible and your solicitor will help you to complete the required application form and prepare the supporting statement. If you are not at imminent risk of harm from the other person, an application can be made in the normal way by lodging the application at court and waiting for a hearing date. However, if the situation does require urgent protection from the Family Court, you can apply ‘without notice’ to the other person, and seek to go before a judge that same day.
Without notice
If the court is satisfied that you do need interim protective steps, the non-molestation order will be made in the other person’s absence. The court will set a further hearing, where the other person can tell the court whether they are challenging the injunction or not and, if so, the court will set out directions working towards a final hearing, where the judge will make a final decision.
On notice
After you have lodged your application at court, you will receive a hearing date and the other person will also be notified and sent a copy of your application and evidence. They can prepare a statement in response if they wish, or wait to see what the judge says at the first hearing. An interim non-molestation order may be made at the first hearing and if the other person does not challenge it, or gives a promise to the court not to do the things they are doing to you, the case could end there. However, if they do challenge the application, the court will list a final hearing.
A non-molestation order is usually made to last for a maximum of 12 months, but can be extended on application to the court, if further protection is needed.
How we can help
If you are facing abusive behaviour from a partner, ex-partner or relative, it can be a stressful and confusing time, and you might not be able to decide on a course of action. You can speak to our family law specialists at any stage, to find out about how the Family Court can help to keep you safe.
For further information, please contact Suzanne Oldnall or a member of the Domestic Abuse Team on 01905 721600 or email worcester@parkinsonwright.co.uk
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.