Non-Molestation Orders

There are systems in place designed to protect you if you are experiencing domestic abuse.

One of these is a Non-Molestation Order.

What is a Non-Molestation Order?

This is a court order which is designed to prevent the abuser from causing any further harm through physical abuse, psychological abuse, harassment, coercive behaviour, or threats to do any of the above.

You can take out a Non-Molestation Order against any of the following people:

  • Spouses, civil partners and fiancés/fiancées
  • Ex-spouses, ex-civil partners and ex-fiancés/fiancées
  • Family members
  • Someone that you are or were previously co-habiting with
  • The parent of your child/children

Non-Molestation Orders typically last 6-12 months, but if there is sufficient evidence that a longer term is needed, a judge may grant one. You also have the option of extending the order at the end of its term if your situation has not changed or you believe that you are still in danger.

Breaching the Non-Molestation Order is considered a serious offence, with a potential penalty of up to five years in prison. If you believe that your abuser has breached their Non-Molestation Order or that you may be in danger, please contact the police immediately on 999.

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How Do I Get a Non-Molestation Order?

Although the process of obtaining a Non-Molestation Order is straightforward, the application itself can be complicated; the form alone is over 20 pages long. Additionally, you will need to provide evidence that abuse has taken place or that you are in danger. The more evidence that you are able to supply, the better your chances are when presenting your case in court, which is why we recommend using a specialist family solicitor to represent you.

We can help you submit the application, collect and properly document your evidence, and guide you throughout the process. You may have to argue your case to a family court judge, and your partner (or whomever you are taking the order out against) may also be allowed to attend and argue their side. Having a solicitor to argue on your behalf and help you navigate the legal system will give you the best chance of having your order approved and protect you.

If you have been a victim of abuse and are seeking a Non-Molestation Order, you may qualify for Legal Aid to pay your solicitor fees. To find out more, please check if you can get Legal Aid before you contact Higgins Miller so that you are fully aware of all the restrictions that may apply.

Check if you can get legal aid – GOV.UK

What If I’m Accused of Abusive Behaviour?

If you have been accused of abusive behaviour, and are facing either criminal or civil charges, then you will need to engage in a specialist family law solicitor. We will help you to fight your side and protect you against accusations, to the best of our professional legal ability.

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To arrange to meet with one of our expert family solicitors please contact us on 0161 429 7251 or email [email protected] . The meeting will last up to 1 hour in our Stockport office at a cost of just £120 + VAT @ 20% after which we will provide you with a comprehensive written report of our discussion along with our professional legal advice.

We also operate an out of hours service to allow you to contact us in case of an emergency. Our out of hours number is 07837124732.

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