Can a non-molestation order prevent someone bothering me?
4th July 2022 by Jonathan Talbot
Domestic abuse can impact men and women, of any age or race and is seen across all parts of society. Unfortunately, statistics from the Office for National Statistics reveal that domestic abuse is on the increase, with cases having risen by six per cent since 2020, and it now represents an astonishing 18 per cent of all reported crime in England and Wales.
These statistics will bring little comfort to those in the midst of an abusive relationship, but a non-molestation order can provide a great comfort to someone who has bravely taken the step to leave.
‘I often see clients that are frightened, perhaps having been cut off from family and friends, and having endured abuse for such a period of time that their own self-worth is diminished,’ says Jonathan Talbot, head of family law at Laceys Solicitors. ‘Obtaining a non-molestation order can prevent your former partner contacting you again and can give you the breathing space to rebuild your life.’
What is a non-molestation order?
A non-molestation order is a type of injunction. It is an order from the court that forbids a person you know from threatening or using violence against you. It bars them from pestering, molesting, or harassing you, or, from encouraging any other person to do so. It can also order that they must not come within a certain radius of your home or even your place of work.
Who can be stopped?
A non-molestation order can be obtained against a partner, a former partner and other relatives too. The legislation states you must be associated with the person you are seeking the order against. The following list provides examples of who would be considered an associated person:
- your spouse or partner, a former spouse or cohabitee;
- someone you have been engaged to marry;
- people living in the same house as you (but excluding tenants, lodgers or employees);
- the parent of your child;
- a relative; or
- a person involved in the same family court proceedings as you.
If you are unsure if you would fall within one of the above categories then please contact us for advice, as alternative options may be available.
What are the grounds for a non-molestation order?
When deciding whether to grant a non-molestation order, the court will consider all relevant circumstances including the need to protect you and any children. What constitutes molestation is not defined in the legislation, but it has been found in practice to cover a wide range of abusive behaviours. For example, this could be sexual abuse, financial abuse, pestering, verbal abuse or coercive behaviour.
Often abusive behaviour may have been going on for so long that it can almost seem to the victim to have become normalised. One of our expert family lawyers will take the time to discuss with you the nature of your relationship and to allow you the opportunity to achieve some objectivity over your situation and to perceive how the court may regard you as having been treated.
How can I obtain a non-molestation order?
It is necessary to provide a statement to the court outlining the abuse you have suffered and why you require the protection of an order. We will draft this statement for you after taking your detailed instructions. We will also prepare the necessary supporting court forms.
Many non-molestation orders are obtained ex-parte, which means without notifying the other person first. Normally this would be seen as an unfair hearing, as one person is having a court order made against them without being able to have their say. However, it is permitted in where you have a need of emergency protection due to the harm that you might otherwise suffer if notice were to be given to the perpetrator of your abuse before you had the protection of an injunction order against them.
In most domestic violence situations, we would recommend that you apply ex-parte as it means you have the protection of the order without fear of your former partner contacting you to dissuade you from applying, or worse, threatening you. If an ex-parte order is made, then the order will be served on your former partner and a new court date will be set to allow them to attend and have their say. They may agree to the order or decide to contest it.
If a non-molestation order is contested, then a hearing will be needed. The judge will hear evidence from you both before making a decision. We will represent your interests at the hearing and cross examine your former partner regarding their abusive behaviour. If an order is granted it can be for a set period, or until a further order. Most orders are made for a 6 month period. This can be extended or varied if circumstances should change.
What happens if a non-molestation order is breached?
Sadly, not all non-molestation orders are respected by the person they are made against. It is therefore always important, first and foremost to take practical steps to protect your safety. You may want to look at installing cameras around your house or a panic button. You should consider changing the locks to your house if your former partner previously had keys. You may even want to let a few neighbours know to be on the lookout for your former partner.
If a non-molestation order is breached, then you should contact the police immediately. They will arrest your former partner if they have breached the order, as this constitutes a criminal offence. The current punishment is up to five years of imprisonment. You should also let your lawyer know, as it may also be possible to consider an alternative route of seeking their committal via a civil process if the police do not prosecute.
If you would like any further advice on this subject or other family matters please contact either our Family department on 01202 377800 or j.talbot@laceyssolicitors.co.uk or our Mediation department on 01202 377993 or g.burden@laceyssolicitors.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.
Jonathan Talbot
Partner — Family
Direct dial: 01202 377844
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“Jonathan has been amazing at helping me get a resolution with my ex-husband. He was a great listener when I was getting very upset about clauses in our old divorce agreement that were not being adhered to and reacted really quickly with a letter and support. I would not hesitate to ask Jonathan for help again but please excuse me if I hope that doesn’t happen for a while as we all know dealing with ex's is never much fun! Thank you Jonathan.”
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“Very happy with how you dealt with my case. Many thanks for your help and advice from Mr Talbot and his secretary.”
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“Jonathan Talbot explained the process and how things would proceed. He was very patient allowing us time to understand and adapt to our new situation. Legal language can be quite difficult to understand and he would explain what it meant and how it would impact.”
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“I always use Laceys for my legal work, I feel able to talk to them and I know they listen. They have always been professional and kind.”
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“I’d like to extend heartfelt thanks to you and Shannon for helping me through this difficult time, I am really very appreciative to have had you on my team this year, you’ve been an enormous support. ”
Jonathan heads up Laceys family department and having qualified as a Solicitor in 1983, he has over 35 years experience in Family Law.
He specialises in Family and Relationship Breakdowns, Financial Remedies, Collaborative Law and International Family Law.
Jonathan has a exceptional caring nature and will always strive to find solutions to family issues outside of the court if at all possible.
Outside of work Jonathan likes to keep himself busy by competing in Ironman 70.3’s when he gets the chance – which are no easy feat at having to complete a 1.2 mile swim, a 56-mile bike ride, and then a 13.1 mile run each race!
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