Non-Molestation Order Solicitors in London

What is a non-molestation order?

A non-molestation order injunction is a court order that protects you and/or your child from being harmed by the person (called the respondent to the injunction application) who has abused you or has threatened to do so. The definition of domestic abuse and violence is very wide so it is best to take early legal advice from non-molestation order solicitors to check to see if you have the grounds to apply for an order.

What evidence do you need for a non-molestation order?

You will need to file a witness statement with your application. Our injunction solicitors will prepare your statement for you. If you have other evidence for a non-molestation order, we will review it and advise on its relevance. Do not worry if you do not have a hospital report or a letter from a GP or evidence that the abuser has been charged with a crime. Many types of domestic abuse, such as emotional abuse or coercion and control, do not result in your getting medical help or a criminal prosecution but you can still secure an injunction to protect you from further domestic abuse.

Who can help me get a non-molestation order?

A non-molestation order application is made to the family court. Our friendly and supportive team of non-molestation order solicitors in London can help you get the order and advise on the merits of applying for an occupation order so you can stay in the family home until a financial agreement or court order is made.  If you are worried about the safety of your children our injunction solicitors can make sure the injunction protects your children as well and help you secure a child arrangement order or prohibited steps order to safeguard your children.

Alternatives to a non-molestation order

If someone has subjected you to domestic violence or has made threats against you and your family then they may have committed a criminal offence. If you are in any immediate danger, you should contact the police. A non-molestation injunction can complement any action the police take. The police could, for example, bring charges of assault or prosecute for an offence under the Protection from Harassment Act 1997.

Who can apply for a non-molestation order?

Non-molestation orders are designed to protect from domestic violence and you will be eligible to apply for the order if the respondent (the person who has subjected you to domestic abuse or made threats) is:

• Your husband, wife or civil partner or
• Your former husband, former wife or former civil partner or
• Your fiancé/e or proposed civil partner or
• Your former fiancé/e or former proposed civil partner provided that your engagement ended less than three years ago or
• Your partner or a person you have in or have been in a relationship with for more than six months or
• A family member

Applying for a non-molestation order

If you apply for non-molestation order, a family law solicitor will prepare the injunction application and a statement of evidence for you to sign. The statement should tell the court what has happened to you and explain why you need the protection of an injunction order.

When deciding whether to grant a non-molestation injunction the court will consider all the circumstances, including your health and safety and that of your children. Your non-molestation order solicitors will therefore need to show the court how your health (including your emotional health) and safety or that of your children would be at risk (or continued risk) if you are not granted the protection of the injunction.

Some applicants for an injunction order do not want their former partner to know where they currently live. When applying for an injunction it is possible to ask the court to keep your address and telephone number confidential and not disclose it to the respondent.

The non-molestation order process involves you attending one or possibly two court hearings to secure your order. Our non-molestation order solicitors in London will prepare you for the court hearing and will support you.

Applying for additional court orders

In addition to applying for a non-molestation injunction, our family law solicitors may advise that it is in your best interests to also apply for an occupation order (so you can stay in the family home safely) or a child arrangement order to protect your children. These applications can either be made at the same time as the non-molestation application or a later date.

Emergency non-molestation injunction orders

You may need an emergency non-molestation order if there are grounds for non-molestation order and an immediate risk of physical injury. An urgent order can be granted on the day of your court application if the court agrees that the injunction should be made without notice to the respondent. This is also called an ex-parte order as the respondent to the application is not immediately told about the court application and therefore is not aware of the ex-parte court hearing.

After the initial without notice hearing the respondent will have to be told about the injunction and served with the injunction order for the order to be enforceable.

If the court decides that the situation is urgent and that you need an emergency non-molestation order without the respondent being aware of the injunction proceedings and hearing, the court will usually order a second hearing when the respondent can attend and object to the continuation of the injunction.

What will a non-molestation order say?

The precise wording of the non-molestation injunction will depend on the circumstances of your injunction application. It is common for the order to say:

• The respondent to the injunction application must not be violent, threaten violence, intimidate, pester or harass you or, if relevant, any children. The wording of the order should allow for any agreed child contact or court ordered contact between the respondent and the children
• The respondent must not contact you by trying to meet you in person, by phone, email, or via social media
• The respondent must not go to your place of work

A non-molestation order usually lasts for a set time. If the non-molestation order is made on ex-parte or without notice basis the order may last until the next court hearing when the respondent can attend and make representations about the continuation of the order.

If the court grants you an injunction it is important that you tell your non-molestation order solicitors if the respondent breaches or tries to breach the order. For example, hanging around outside your house or walking past your place of employment. The breach of non-molestation order could lead to enforcement action and/or you could use the respondent’s behaviour and breaches to apply for another injunction at the expiry of the original order.

Enforcing a non-molestation order

To enforce a non-molestation injunction the court order must be served on the respondent to the court proceedings. Your non-molestation order solicitors can arrange for the court paperwork and order to be served. Problems with non-molestation orders can occur when orders are not served because they cannot be enforced. That’s why our non-molestation order solicitors in London work with specialist process servers to ensure you get the protection of the court order.

Once the order is served on the respondent a breach of non-molestation order can be enforced by the family court. A breach is also a criminal offence.

How long does a non-molestation order last?

The length of the court order is up to the family judge. A without-notice emergency non-molestation order could last days until the on-notice hearing of your application when the respondent can attend and object to the order continuing. The court can also make an injunction that lasts months or even a few years depending on circumstances. A respondent can apply to end an injunction order or to vary the terms of the order. For example, if the non-molestation order and child contact do not work together as the respondent needs to be able to come within 100 metres of you to collect a young child for contact visits and you are content to facilitate handover as the respondent’s behaviour has improved following the injunction order.

How much does a non-molestation order cost?

The cost of a non-molestation injunction depends on whether you are asking for other court orders such as an occupation order, spousal maintenance, a child arrangement order or a specific issue order and the number of court hearings required. Our non-molestation order solicitors will discuss the likely costs and timescales at the outset of your instructions. If you secure an injunction order you can ask the court to order that the respondent repays your injunction costs.

Get in touch with our family law solicitors for injunctions advice.

For injunction advice, you can talk to us in confidence at our offices, over the phone or online via Web Conferencing such as Zoom or Skype. To get the expert legal advice you need, contact our injunction solicitors for expert advice.