In response to the increasing challenge of Coronavirus and in light of rapidly evolving advice, Tozers has taken steps to ensure that we continue to provide you with our usual client service whilst also maintaining the safety of our clients and colleagues. Please see our full update here.

Complete the form below to ask us a question or make an enquiry. We’ll get back to you via phone or email as soon as possible.

Insights

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

Company & Industry

Related Insights

Insights

Saying goodbye at a distance

Posted on 30th June 2020 in Later Life Planning, Coronavirus Pandemic

Like many people across the country, I recently suffered a family bereavement from Coronavirus. Unable to attend the funeral at the time due to lockdown restrictions, I had the strange experience of watching a live-streamed service from afar.

Posted by

Rachael Morley

Associate and Solicitor
Insights

The impact of Coronavirus on Devon and our local community

Posted on 26th June 2020 in Later Life Planning, Coronavirus Pandemic

Although we have a national reach, Tozers LLP is a Devon law firm at heart, and the welfare of our clients and the local community are at the centre of what we do. As we start to see the lifting of the Coronavirus restrictions, it is important to reflect on the impact that the virus has had on Devon, and how as a county we can work together to move forward in the future.

Posted by

Naomi Hoare

Solicitor