One of the most common questions we get asked is: What does a 'non-molestation order' mean?
A non–molestation order is a civil order which prevents the respondent (the person subject to the order) from ‘molesting’ the applicant or a relevant child.
To give you an idea, examples of molestation can include:
- violence or threats of violence
- use of abusive language
- nuisance phone calls
- shouting outside the applicant’s property
Non-molestation orders can be made by application as well as by a courts’ own motion in any family proceedings to which the respondent is a party.
Who Can Apply For A Non-Molestation Order?
Anybody who is an ‘associated person’ with the respondent can apply for a non-molestation order. This can include spouses and former spouses / civil partners / former civil partners, cohabitees or former cohabitees. In other words, anyone who the applicant has lived with in the same household as part of a relationship.
The applicant could also include certain relatives of the respondent. For example their father, mother, son, daughter, brother, sister aunt, or uncle could also qualify.
How Can Non-Molestation Orders Help?
Non-molestation orders are intended to offer protection from harm for victims of domestic abuse, whether that be physical, emotional, psychological, financial, sexual or coercive control.
They are often sought before issuing divorce proceedings or child care proceedings, particularly if there are concerns over how a respondent may react based on previous behaviour.
Non-molestation orders can therefore help give our clients peace of mind. If any issues occur which puts their own or their children’s personal safety, health or wellbeing under threat, action can be taken. Respondents who breach non-molestation orders can be arrested and punished by the court.
What Evidence Is Required For Non-Molestation Orders?
It can certainly strengthen your case to have evidence that supports your application for a non-molestation order.
Where possible it could be useful for your statement to include:
- colour photos of any injuries / damage to property
- relevant text messages / social media messages containing threats of violence or control
- any relevant third part information (from your GP, a counsellor, support worker etc)
If you would like to explore how our expert team of family lawyers can help you to apply for a non-molestation order, please contact Monan Gozzett using the details below.
If you would like to speak to our expert legal team about this, or any related subject then please contact our team by phone on 0207 936 6329, Email or by completing our Quick Contact Form below.