Non Molestation Order
What is a non-molestation order?
When an individual requires immediate protection from a partner, ex-partner, or family member, they have the option to seek a court order known as a non-molestation order. The order is an injunction that specifies actions the other party is prohibited from doing. If the order is ignored and the prohibited actions are taken, it constitutes a criminal offence, and the individual can be arrested and potentially face imprisonment, making these orders very serious and powerful.
Typically, an order will prevent an ex-partner from:
- Being violent towards you or your children;
- Threatening violence towards you or your children;
- Communicating with you or your children (except perhaps through lawyers or a specific method);
- Harassing you or your children by going to certain places (i.e – your house, workplace or school).
How can someone apply for a non-molestation order?
Unlike restraining orders, there is no requirement to take the offender to court first for a non-molestation order to be effective. Criminal proceedings are not necessary for the order to take effect. The more proof you have, the more likely it is that your injunction will be granted quickly.
To apply for a non-molestation order, the individual can fill in a form called FL401 from the gov.org website. The application for a non-molestation order is typically accompanied by a brief statement outlining the reasons for obtaining the order. .
The process of obtaining a non-molestation order is often straightforward, and there are no court fees for applying. It is advisable to seek legal advice and support when applying for a non-molestation order to ensure that the process is handled correctly and to avoid any delays. If you are in immediate danger, it is crucial to contact the police, and applying for a non-molestation order can help ensure future safety for yourself and your children.
What is an restraining order?
In certain situations, you may wish to keep your estranged partner or family member unaware that you are taking legal action against them, as this could jeopardise your safety. In such cases, it might be necessary to request an urgent non-molestation order, also known as an ‘ex partner’ or ‘without notice’ order.
These orders typically remain in effect for approximately fourteen days and can be enforced without the knowledge or consent of the individual causing harm. The subject of the order is not required to attend court or given the opportunity to present a defence until the emergency order has expired. This provides you with the time to put other protective measures in place.
Non-Molestation Order v Restraining Order
A non-molestation order and a restraining order serve similar protective purposes, but they are obtained through different legal processes and have distinct characteristics:
Non-Molestation Order
- Obtained through Civil or family court.
- The victim or the person is seeking protection.
- Lasts from 6 to 12 months, but can be extended or made “until further notice.”
- Breach of a non-molestation order is a criminal offence, and the police can arrest the perpetrator.
- Protects individuals from various forms of abuse, threats, and intimidation, not just physical harm.
- Power of arrest,” meaning the police can arrest the perpetrator if the order is breached.
Restraining Order
- Obtained through criminal court (Magistrates Court or Crown Court) or civil court under the Protection from Harassment Act 1997.
- Can be given by a criminal court after a conviction for any criminal offence. It is made in respect of the alleged perpetrator, not the victim.
- Last for 12 months, longer, or indefinitely, depending on the severity and circumstances.
- Breach of a restraining order is a criminal offence, and it can lead to a prison sentence or a fine.
- Preventative and protective measure, often used when the victim and the defendant are known to each other.
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