Obtaining a non-molestation order is a legal process that involves applying to a court. If you or someone you know is experiencing harassment, threats or abuse, and you wish to obtain a non-molestation order, the following steps will guide you on how to do so:
Seek Legal AdviceThe first step is to seek legal advice from a qualified solicitor who specialises in family law. They will be able to assess your situation and advise you on the most appropriate type of non-molestation order to apply for.
Gather EvidenceTo support your application, you will need to gather evidence of the harassment, threats or abuse. This might include:
- Police reports or incident logs
- Witness statements
- Text messages or emails
- Photographs or video footage
- Medical records or letters from a doctor
Complete the Application FormThe application form for a non-molestation order can be obtained from a court or online. It is important to complete the form accurately and provide as much detail as possible about the acts of harassment or abuse you wish to prevent.
Submit the Application to the CourtOnce you have completed the application form, you will need to submit it to the court along with any supporting evidence. You will also need to pay a fee, although this can be waived if you are on a low income or receive certain benefits.
Attend the Court HearingIf your application is granted, you will need to attend a court hearing where a judge will decide whether to issue a non-molestation order. The abuser will also have the opportunity to attend the hearing and present their case. If the judge decides to issue a non-molestation order, it will specify what behaviour is prohibited and how long the order will last. Breaching a non-molestation order is a criminal offence, and can result in imprisonment. In cases of domestic abuse, it is also possible to apply for a non-molestation order on an emergency basis, known as an ex parte order. This is granted without the abuser being present in court, and is designed to provide immediate protection to the victim. An ex parte order is usually temporary and will be followed by a full court hearing at a later date.
Reasons for Obtaining a Non-Molestation Order
A non-molestation order is a court order that prohibits a person from molesting or harassing another person. There are many reasons why someone might seek a non-molestation order, including: