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Non-Molestation Orders

Posted on 12th October 2017 in Family Law

Posted by

Ricky Noble

Paralegal
Non-Molestation Orders

A Non-Molestation Order can be applied to put a stop to domestic abuse to help protect you and to ensure the safety and wellbeing and health of you and your children. Domestic abuse can include the following:

  • Psychological abuse
  • Emotional abuse
  • Physical abuse
  • Sexual abuse
  • Financial abuse
  • Harassment
  • Stalking
  • Online or digital abuse

To apply for a Non-Molestation Injunction you must be an associated person, which means you must have had one of the following relationship with one another:-

  • You are or have been married to each other or;
  • You are or have been in a civil partnership with each other or;
  • You are cohabiting with each other or used to cohabit with each other whilst in a relationship (including same sex couples) or;
  • You live or have lived in the same household or;
  • You are relatives or;
  • You agreed to marry each other, even if that agreement has now ended or;
  • You agreed to form a civil partnership, even if that agreement has now ended or;
  • Both of you are parents of, or have parental responsibility for, a child or;
  • One of you is a parent of a child and the other has parental responsibility for that child or;
  • You are having or have had an intimate relationship with the other person for a significant duration;

If you want to make an application for a Non-Molestation Order, you should think carefully whether notice should be given to the other parties in the case. If you feel you are in immediate danger, an application can be made to the Court the same day without the Respondent being there or being aware of the hearing. This is called a Without Notice (also known as ex parte) application. If the Court grants a without notice order, the Court will usually list the matter for a full hearing once the Respondent has been served with notice.

If the Order is broken the Respondent can be arrested and the penalty for breaking the Order can hold a prison sentence of up to five years. The order is usually in place for a stated period of time (usually 6-12 months) but can be extended after the expiry of that period.

Here at Tozers LLP we have an experienced team of specialist family lawyers. Please free to contact us for a free, confidential initial appointment to discuss the options available to you. We have Family solicitors in Exeter, Newton Abbot and Teignmouth.

If you require further information or advice in respect of divorce, or any family matter please contact our family law solicitors in Exeter on 01392 207020 or Newton Abbot on 01626 207020

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