What is a Non-molestation Order?
A Non-molestation Order is a court injunction that is designed to protect victims of abuse by restricting the abuser’s actions. There is approximately one domestic violence call to the Police every minute in the UK. With a Non-molestation Order in place, should your ex-partner try to contact, threaten or harass you. They would be arrested and could face a sentence of up to five years in prison. (Family Law Act 1996).
Whether you are experiencing domestic abuse or have been threatened with violence, our Family Law Team at Ashmans Solicitors can advise you of the options available to you. All enquiries are welcome. Feel free to drop us a line, give us a call, or pay us a visit.
Solicitors in Yorkshire and London
Ashmans Solicitors have offices in: Central London and East London, Dewsbury, Sheffield, Huddersfield and Leeds. Please see the Contact Us page for exact location details. Alternatively, you can email us at firstname.lastname@example.org – or call us on 0333 009 6275 The term “molestation” can cover many things, including: violence, threats, intimidation and harassment.
Changes made to the Domestic Violence Crime and Victims Act 2004 have also meant that a Non-molestation Order can include protection to children. Or others associated with you who are named in the Order. The Order could stop the abuser from using or threatening violence, communicating with you by any means. Also from coming within so many metres of you, your home or workplace. It also prevents intimidation, harassment and pestering (including in-person or remotely. This includes letters, email, phone or social media) so as to ensure your and your children’s safety.
Who Can a Non-molestation Order be Used Against?
Ashmans Solicitors has an expert Family Law Team who understand what you are going through. They will use their considerable knowledge to advise and support you throughout the process of applying for a Non-molestation Order. A Non-molestation Order can only be used against someone that you know in certain ways:
- Someone you were married or engaged to be married to;
- Someone you were in a civil partnership with or were going to enter into a civil partnership with;
- A person you were living with as though you were husband and wife (including same sex relationships);
- Someone you have a child with or who has had parental responsibility for your child;
- A family member / relation, or
- Someone you have had an intimate relationship with for a significant period of time.
- Obtaining an Emergency Non-molestation Order
If you feel that you or your children may be in immediate danger because of an ex-partner or family member’s threats or abusive behaviour, you will need to quickly contact us about obtaining an Emergency Non-molestation Order You can usually make your application to the court on the same day without the abuser (the respondent) being there. The court will consider:
- Whether or not you are at risk of significant harm;
- You may be prevented or deterred from applying if you are made to wait, or
- Whether the respondent is avoiding being served their notice to appear before the court.
Without Notice Order
If the court grants you a without notice order, also known as ‘ex-parte’ they will most likely want to list the details for a full hearing at a later dat. This is once the abuser has been served notice. If you are financially eligible you will qualify for legal aid. Please see our page on Legal Aid.
At Ashmans Solicitors, our team of dedicated, hard-working experts will give your case the attention it needs and deserves. Our Family Law Team are experts in every aspect of domestic violence and can take fast effective action. Ashmans Solicitors Family Law Team advise those people who are seeking help with obtaining Non-molestation Orders. Emergency Non-molestation Orders. Please lose no time in getting in touch with us.
Related : Dogs and Divorce, What Happens