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Are you a victim of domestic abuse? Don’t worry. The law offers forms of protection to help you. One form of protection is called a non-molestation order, which falls under the same umbrella as a restraining order and an injunction. But what is a non-molestation order and how do I get one?
For more information, please visit our family law page, or contact one of our solicitors directly on 020 3007 5500.
What is a non-molestation order?
A non-molestation order is a civil order which a victim of domestic abuse obtains through the Family Court to protect themselves. The order is there to protect anyone who is a victim of any type of molestation, which include:
- Physical abuse
- Emotional abuse
- Financial abuse
- Sexual abuse
- Coercive control
- Intimidating behaviour
- Harassment
- Stalking
If you have faced any form of abuse from a close family member, whether a one-time occurrence or frequently, you can apply for a non-molestation order.
If the court grants a non-molestation order, examples of the conditions within the order will include prohibiting:
- Using or threatening violence
- Coming within 100 metres of the applicant’s home
- Sending any form of abusive messages through texts, social media, letters, among others.
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Obtaining a non-molestation order.
To get a non-molestation order, the applicant must show they’re in a close relationship with the respondent. Therefore, you can only apply for the order if the respondent falls under one of the following categories:
- A spouse or ex-spouse
- A civil partner or previous civil partner
- A family member
- A fiancé(e) or ex-fiancé(e)
- The mother or father of your child
- Someone you’ve had an intimate personal relationship
- Someone you’re living or used to live with
If you’re unsure whether you can apply for the order, please contact one of our solicitors on 020 3007 5500, and we can discuss your case in more detail.
How long does a non-molestation order last?
The length of a non-molestation order varies on a case by case basis. Generally, the court’s primary concern is the victim’s safety and providing the necessary protection. Therefore, when the court considers the length of the order, they will look at factors such as the severity and frequency of the offence.
As a result, in some cases, a non-molestation order can last indefinitely, and in other cases, it will only last for a matter of months. However, in any circumstance where a non-molestation order is coming to an end, and you still feel fearful, don’t worry. You can apply for an extension of the order.
How can you remove a non-molestation order?
If you intend to remove a non-molestation order, you will need to file a motion with the court. A motion is a process of removing a law.
Any motion to remove a non-molestation order must include:
- The date the courts issued the order
- The names of both parties
- Reasons for wanting to end the order
In the court hearing, the judge will decide whether to remove the non-molestation order. If the judge feels you were forced, coerced, or that the removal of the order is not in your best interest, it’s unlikely they will grant the removal application.
Remember...
Only the applicant, the respondent or the courts directly can remove a non-molestation order.
Need help with a non-molestation order?
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What is the punishment for breaching an order?
A non-molestation order is a severe order, and a breach of the order isn’t taken lightly. If the abuser breaches the order, it’s an arrestable offence. In some cases, the punishment for breaching a non-molestation order can result in up to five years’ imprisonment.
Other types of protection orders.
Several types of orders achieve protection for the applicant, but they are often confused. Other orders that people confuse with a non-molestation include:
Occupation orders
Occupation orders are applied for through the family court when there has been an incident of domestic abuse. The primary function of an occupation order is to determine which party should stay in the property following the abuse.
Restraining orders
A restraining order is a more commonly known order. It is applied for during criminal proceedings against someone you don’t need to be in a close relationship with. If you’re a victim of a criminal incident, make sure you contact the police as soon as possible.
Injunctions
You can apply for an injunction through the Civil Court, and there are many different types. For example, you can apply for a publication injunction for harassment over social media.
People commonly apply for an injunction when a restraining order isn’t granted, and an individual isn’t in a close relationship with the harasser but still wants protection.
Why contact our family solicitors?
Applications for non-molestation orders are complex and vitally important to get right as they essentially protect you against an abuser. Therefore, instructing a solicitor will ensure the application is correctly completed to give you the best chance of having your order granted.
With every non-molestation order case. our solicitors guarantee the following:
- Outline of your legal standpoint and available options
- Compelling non-molestation order application to the court
- Effectively and empathetically managing emotionally unpredictable situations
For more information, contact our solicitors directly on 020 3007 5500 or email via info@brittontime.com.
What happens if the applicant send her address willingly yet the Non Molestation Order states you can’t have it can the applicant get done for this or is that grounds for the NMO to be removed
Hi Brett, that’s a good question.
On the face of it, you haven’t breached the non-molestation order as it was the applicant who sent her address to you. However, this doesn’t mean that the order is removed, nor is it necessarily grounds for it to be removed. You should still abide by the order until such a time that it is reviewed or removed.
Please be advised the above is not legal advice, it’s just our suggestion based upon what you have said above.
If you are looking to challenge the non-molestation order or get legal advice on this, please feel free to get in touch to book a consultation.
my landlord is my ex and there is a non mol order in place, he is only allowed to make contact via a solicitor. How therefore can outstanding repairs for the property be managed?
Hi Maro, apologies we missed your comment!
If there is a solicitor that you have been using to contact your ex, we would suggest that you offer any correspondence through them.
Your solicitor should be able to act as an intermediary, however they may charge a professional fee for this.
If the terms of your non-molestation order allow, you might consider asking a friend or family member to act as a go-between.
I have been served a NMO by my mother who allowed me access to her home, it even states it in the report. How was it possible for her to obtain this and can I get it overturned.
Hi Tony, thank you for your question.
It’s difficult for us to say how your mother was able to get the non-molestation order approved without knowing more about your situation.
Ordinarily, only the person who applied for the non-molestation order can apply for it to be removed before it is set to expire.
However, it is possible to have an order overturned if you can demonstrate that the order was not based on valid grounds to begin with.
If you would like to discuss this in further detail, we would be happy to arrange a consultation. Please call us on 01273 726951, or email us at info@brittontime.com to do so.
Very good advice.
How do I go about getting a non- molestation order removed? I got it out but its now getting in the way. I don’t believe my ex is a risk to myself anymore
Dear Amy
Thank you for your question. If you would like to remove a non-molestation order which you put in place, you can do this by applying to the family court. Should you need any assistance with this, please just call us on 020 3007 5500 and we can book you in for an initial consultation with a member of our family team.
Hi. I’ve just received an NMO; yet in the Recital section of the court paperwork it states that no evidence of the allegations made by the applicant was found.
I gave my evidence bundle to the court and respectfully declined to attend the hearing. I had no further evidence or comments to give. I’ve not spoken to nor contacted the applicant since May 2019.
I am stunned at recieving a six month NMO, how is this justice?
If the person repondant if a non-molestation order then relocates, potentially nearer the applicant, but fails even when asked by a solicitor, to divulge his current new address…is this a breach of the order?
During NMO proceedings, cross-undertakings were given. How to remove cross-undertakings and get an NMO against my abuser?