A non-molestation order stops a person from using violence, threatening, harassing or pestering another person.
Who may apply for a non-molestation order?
Spouses and former spouses; people who live together or have lived together in the same household – such as tenants, lodgers, boarders; same sex-couples; relatives – such as grandparents, grandchildren, aunts, uncles, nieces, nephews, stepparents and stepchildren; engaged couples; parties that are or have been in an intimate relationship, parents of the same child and parties to family proceedings. Children can also apply for this order, although if they are aged under 16 the court’s permission is needed and this will only be given if the court is satisfied that the child has sufficient understanding to make the application.
How quickly can I get a non-molestation order?
If you need urgent protection you can ask for an immediate hearing at which only you and your solicitor attend and the court can make an order based on what you say, which will be recorded in a written statement prepared by your solicitor on your behalf. This hearing can often occur on the same day that you instruct your solicitor. If this happens, there will be a further hearing soon afterwards at which the violent person can put their side of the case. From first seeing a solicitor to a final order being made can take less than one month.
How long will the order last?
An injunction order is intended as a time limited form of protection, usually lasting between 6 to 12 months, although orders can be extended if the court feels that on-going protection is required beyond this.
How much will it cost?
Depending on your financial circumstances you may be eligible for Legal Aid. Your solicitor will be able to tell you whether you are eligible or provide you with an estimate of fees if you are not.
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