If you consider yourself to be a victim of domestic abuse, a Non-Molestation Order can prevent your partner or ex-partner from using threatening violence against you and/or your child/children. Having a Non-Molestation Order in place will ensure the health, safety and well-being of yourself and your child/children.
How do I proceed with getting a Non-Molestation Order?
A Non-Molestation Order can be granted on a ‘with notice’ or ‘without notice’ basis, which means that the Order can be made with or without the Respondent’s knowledge.
Depending on individual circumstances, should you consider yourself to be in immediate danger or at risk of immediate harm then it would be appropriate for you to proceed on a ‘without notice’ basis. This would allow for protection to be provided to you more quickly. A Non-Molestation Order application made on a ‘on notice’ basis would mean that the Respondent would be notified of the proceedings and the matter would be listed subject to Court availability.
What do I need to make a Non-Molestation Order application?
It is advisable to obtain legal advice if you are thinking of obtaining a Non-Molestation Order against your partner or ex-partner. A solicitor would be able to advise you whether it would be appropriate to proceed on a ‘with notice’ or ‘without notice’ basis depending on your individual circumstances. A solicitor could be instructed subject to funding from the Legal Aid Agency, or you may be required to pay a contribution depending on your financial circumstances.
At your appointment, the solicitor will draft on your behalf the application for a Non-Molestation Order, a statement in support of this application and draft the Order for the Court. Your statement will provide a brief background of the relationship with the Respondent and a chronology of detailed incidents that have occurred within the relationship which have resulted in physical, sexual or emotional abuse.
How do I get a Non-Molestation Order fast?
In order to get a Non-Molestation Order quickly you will need to make an application on a ‘without notice’ basis. Once all the paperwork has been drafted this will be taken to the Court where you will wait to be allocated a Courtroom and Judge.
In the Courtroom the Judge is likely to have reviewed all the paperwork beforehand and have made a decision as to whether the Order is granted or not. If the Judge decides that an Order is needed, the terms of the Order will provide the respondent with an opportunity to attend Court (referred to as a return date hearing). Should the Respondent attend the hearing and oppose the Order then the matter will be listed for a contested hearing where the Court will expect the Respondent to file a statement in response to yours, as their evidence. It may even be the case that the Respondent does not attend the return hearing and the Non-Molestation Order will just continue until the expiry date ordered by the Judge.
How Can Nelsons Help?
If you would like further advice in relation to Non-Molestation Orders, please contact our expert Family Law team in Derby, Leicester and Nottingham on 0800 024 1976 or via our online form.