If you have been a victim of domestic abuse, one of the best ways you can protect yourself in the future is by obtaining a non-molestation order.

A non-molestation order is a type of injunction, which is a term used to describe a court order. The non-molestation order forbids the abuser from specific behaviours, for example, threatening you, visiting your home/workplace etc.

Usually, a non-molestation order is issued to prevent harassment, threatening behaviour, physical violence, pestering, communication, or intimidation. The order might even prevent the abuser from coming within a certain distance of your home or place of work. It can also be extended to cover your children.

A non-molestation order can be used to protect yourself against behaviour that isn’t necessarily a criminal offence. It can also be used in situations where the police have attended a 999 call but have not found sufficient evidence to charge your abuser with a crime.

For example, if you do not have a non-molestation order, your abuser turning up at your home is not a criminal offence, and so if you call the police there might not be too much they can do. However, if you do have a non-molestation order which forbids your abuser from being within 50m of your home, the police can then arrest the abuser for breaching the order.

How Do You Apply For A Non-Molestation Order?

Firstly, to make an application for a non-molestation order, your abuser and yourself must have an ‘association’ under the Family Law Act 1996. This applies to couples who were/are married, civil partners, living together etc. It also includes relatives and in-laws, as well as people who have a child together.

When deciding whether or not to issue the order, the court will consider all your circumstances. They will look at the need to secure the health and well-being of you and your children.

If you have proof of abuse, this will help strengthen your case.

How Is It Enforced?

If your abuser breaches the non-molestation order, you can report them to the police to start criminal proceedings. Or, you can begin civil proceedings by applying to the family court that made the order. You might want the help of a solicitor through either of these enforcement options.

Need Help?

Our experienced lawyers can help you obtain and enforce a non-molestation order. Just get in touch to chat with our team.