A guide on Non-Molestation orders.
A non-molestation order is an order made under section 42 of the family law act. A non-molestation order prohibits the respondent (the abuser) from stalking, harassing, acts or threats of violence, abusive language and abusive messaging (facebook, texts, emails, whatsapp ect).
A non-molestation order is made to prevent a pattern of abusive behaviour and can prevent your abuser from visiting your home or where you work. Depending on the history of the abuse the order can also prohibit the respondent from encouraging other people to behave in the same manner towards you on their behalf.
Some non-molestation orders will protect you and any relevant children you may have. While non-molestation orders are usually used to cases with a threat or use of domestic abuse they can be used in other situations. A non-molestation order can protect a victim of domestic abuse but can also make the victim feel more in control of their life.
You can apply for a non-molestation order if –
- You are or have been married or are in a civil partnership with your abuser.
- You are engaged to be married or to be in a civil partnership with your abuser.
- You are or have in the past been co-habiting with your abuser.
- You have lived in the same household as a family with your abuser.
- You are bother parties in the same court case (eg child arrangements).
- You both have or had parental responsibility of the same child.
If you have a child over the age of 18 or another family member that needs protection, they will need to make their own application.
Application
To apply for a non-molestation order you will need to fill out from FL401. You and/or your solicitor will need to write a ‘Witness statement’ (a signed document recording the evidence of a witness) which gives details of your relationship such as, any children under 18, the history of violence or threat of violence, the effect it has had on you and any relevant children mentally, dates and why you are making the application. You will also need to explain why your application is urgent, they court will need strong reasons as to why you need the application to be made urgently so you will need to explain this in your witness statement, the court can make a urgent occupation order within 24 hours of the application. You will need to attend at least one court hearing. When you are ready to fill out form FL401 you will need to state what order you are applying for and why you are applying.
You can also include any evidence you have of domestic abuse, while no actual evidence is needed to make an application it will strengthen your case, examples of evidence are –
- Hospital visits.
- Medical records.
- Police crime reference numbers.
- Communications with domestic abuse helplines/organisations.
- Communications with doctors, health visitors etc.
If you wish you can ask the court to hear your application without any notice being given to the respondent, but you must state why you wish no notice to be given such as you are scared that your abuser may harm you or your children if they know you are going to make an order against them. If your application is successful and is made without notice to the respondent, the court will most likely arrange another court hearing to give the respondent a chance to give their side of the story. You will need to attend this court hearing and possibly give evidence; the court will listen to all the evidence presented and then decide if the order should be continued or extended.You should send you application to your local family court. There is no court fee to apply for an occupation order.
To help the court decide if the order should be granted the court will consider all the circumstances such as the health, safety and wellbeing of you and any relevant children. You will need to explain to the court that the health, safety and wellbeing of you and your children will be at risk if the order is not granted.
If you own the family home or the tenancy to the family home is in your sole name, you and your abuser are not married or your abuser has the legal right to live in the family home, then a non-molestation order can stop your abuser coming in to your home, if not then you will need to apply for an occupation order.
If the order is broken
If the order is broken you should report them to the police and start criminal proceedings, or you can start civil proceedings by applying to the family court that granted the order and ask that the respondent is arrested or fined. The maximum sentence for breaking the order is five years in prison and a fine.
