Non-Molestation Orders
Seeking protection from abusive behaviour
Article contributed by Naomi Wiseman
If you are suffering as a result of abusive behaviour or violence from a partner or ex-partner then you may be able to seek a court remedy called a non-molestation order to prohibit further abuse.
A non-molestation order is designed to protect you from further harm. This type of order is known as an ‘injunction’. Injunctions are prohibitive, meaning they seek to stop someone from doing something. If you make the application to the court for this type of order, the abusive person will be referred to as the ‘respondent’ for court purposes.
The abuse you are suffering may not be a criminal offence on its own and you may find yourself applying for a non-molestation order because the police aren’t taking any further action.
The non-molestation order can require the other person not to intimidate, pester or harass you, or encourage anyone else to. The order can require them to stop communicating with you, including through social media. It can require them to stop coming within a certain distance of where you live and sometimes where you work. If you still live with the person from whom you need protection, or they have a right to enter your home, see our page on occupation orders.
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If you cannot afford legal representation but you need to apply for a non-molestation order you may be entitled to legal aid so it’s always best to check, as then you can have a solicitor help you with your application.
Here is a video showing inside a return date hearing on Jade's application for non-molestation and occupation orders. This video is quite long, at 18 minutes, to ensure a fair understanding of how a judge might approach such an application. But remember, this video is an example using a fictional case, it is not legal advice and it may not be relevant to your situation. Always seek specialist legal advice and check your eligibility for legal aid.