Non Molestation Orders

Who can apply for a non-molestation order?

A person can apply for non-molestation order if he/she has experienced violence, abuse or threatening behaviour from another person who is an 'associated person'. An associated person is usually either a relative or a person with whom you have had a close personal relationship. This is determined by s.62(3) of the Family Law Act 1996 and covers most relationships, including:

• Partners and former partners
• Family relations (including in-laws)
• People who live(d) together
• People who have children together

What protection do I have with a non-molestation order?

A non-molestation order usually forbids an abuser from:

• Using or threatening physical violence
• Intimidating or harassing
• Communicating with you (if appropriate)
• Instructing or encouraging others
• Entering the restricted zone e.g. not entering within a certain distance of the victim's place of residence/workplace/place of study/child's school, etc. (zonal restrictions)

Opposing non-molestation orders

You can challenge a non-molestation order made against you if you believe that the non-molestation order against you is baseless and not corroborated by any evidence.

Responding to a non-molestation order

It can be upsetting to learn that someone you were once close to has decided to take out an order against you, this can be further aggravated when you believe that the facts relied upon are untrue.

In such circumstances, individuals may wish to defend themselves and fight against a non-molestation order simply because they do not want the applicant to win or to genuinely clear their name of the lies said against them.

What options are available to the Respondent after an ex-parte non-molestation order?

The Respondent can either:

• Oppose the order and succeed in proving the applicant wrong; or
• He/she can opt not to oppose the order or agree to give undertaking (which is a promise to the court not to do things) on the basis that he/she does not accept the allegations that have been made against him/her

Why choose Westridge Legal?

Our team of family lawyers are aware of the sensitivity and complexity involved in non-molestation orders. We understand that every individual requires different care and are here to support you.

Our highly experienced lawyers will guide and support you every step of the way to ensure that the best outcome is achieved with minimal disruption to your life.

If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.