Non-Molestation Order

A Non-Molestation Order is a civil and family law remedy that protects individuals and their children from someone they have a close relationship with. It can be sought alongside criminal proceedings or even without police involvement.

The order prevents the “associated party” from molesting (harming) another person or child. Molestation includes physical, sexual, or psychological abuse, as well as harassment. Even without physical violence, emotional and psychological abuse are serious concerns for the family court.

You can apply if you are associated with or related to the person you are seeking protection from. This includes:

• Current or former spouse/civil partner
• Current or former fiancé/civil partner
• Current or former cohabiting partner
• Current or former boyfriend/girlfriend/partner
• Relatives by birth

Note: Other types of injunctions like Occupation Orders and Freezing Orders are also available.

Since spouses might act quickly to transfer, spend, or reduce assets to your detriment, it is crucial to act fast to prevent this. If you suspect your spouse or civil partner might dispose of assets, contact our team immediately for a detailed discussion.

We can help you draft the necessary family law injunction application and supporting statement. There is no court fee for this application.

If you fear your ex partner’s response to the injunction order application, you can request a “without notice” application. This means the court considers your application privately, without notifying the other party. If granted, the order would already be in place when they become aware, and any breach could result in their arrest.

• Without notice

The court assesses the risk of harm to you and your child if the order is not immediately granted, compared to the harm to the respondent if it is. It also considers whether you would be deterred from applying if the order is not made right away, and if the respondent might evade being served with the application.

• On notice or contested

If the application is made on notice or the without-notice request is denied, a hearing is scheduled. The respondent can contest the order, leading to a fact-finding hearing where the court determines the truth and the appropriate order.

You have options:

• Do nothing – The order (if granted without notice) remains in effect. If you do not attend a hearing, the court is likely to grant the order as requested.
• Offer undertaking– These are solemn promises to the court about what you will or will not do. Non-compliance can lead to serious consequences.
• Contest the order – The court will schedule hearings to determine the facts and decide on the order.