What protection can I get from an abusive partner/ex-partner/family member?

If you are being subjected to or threatened with violence or abuse by a partner, ex-partner or family member, it may not be clear what legal safeguards are available to you.

In this article, Family Law expert, Megan Spicer, explains how the court can help to protect you from an abusive relationship.

What protection can I get from an abusive partner/ex-partner/family member?

If you are suffering from domestic abuse from a partner/ex-partner/family member, there are legal steps you can take to protect yourself and your children. One of the most effective options available is a non-molestation order, also known as an injunction.

If you are unsure what protection may be available in your circumstances, our experienced Family team can talk you through your options. Get in touch on 01202 499255.

What is a non-molestation order?

A non-molestation order is a court order made under the Family Law Act 1996. It prevents someone from coming into contact with you and/or your children and is designed to protect you from the use or threat of harm.

You can read our dedicated article on non-molestation orders here.

What does the term “molesting” include?

“Molesting” or “harm” covers a range of abusive actions and behaviours against which a non-molestation order is designed to protect you.

The court recognises physical, emotional, financial and psychological abuse, including:

• Violence
• Intimidation
• Threats
• Persistent abuse by text message or telephone calls
• Pestering
• Harassment
• Behaviour that causes you distress or fear
• Coercive and controlling behaviour

Can I get a non-molestation order against an ex-partner?

Yes, a non-molestation order can be made against the following people:

• A current or ex-partner, civil partner or spouse.
• A fiancé(e) or proposed civil partner (including a former fiancé(e) or proposed civil partner) provided that your engagement ended less than three years prior to the date of your application for a non-molestation order).
• A person with whom you have been in a relationship for more than six months.
• A family member (such as a sibling, parent, aunt or uncle).  

You can get further guidance on who can apply for a non-molestation order here.

How does a non-molestation order protect me?

A non-molestation order can include orders that your partner/ex-partner/family member must not do the following towards you or your children:

• use or threaten violence;
• intimidate, harass or pester;
• attempt to make contact (whether in person, virtually including via social media or via telephone);
• damage, attempt to damage or threaten to damage the family home or property owned by you.

The terms of a non-molestation order can be tailored depending upon your circumstances. For instance, an exclusion zone surrounding your children’s schools, your workplace or the family home can be included. The order can also be extended to third parties to protect you from indirect harm by your partner/ex-partner/family member through a third party.

Breaching a non-molestation order is a criminal offence, meaning that the police have an automatic power of arrest. Depending on how serious the other party’s breach is, the existence of the non-molestation order could result in them being imprisoned.

Depending on your circumstances, you may also want to consider an occupation order, which can determine who is able to live in or enter the family home. You can read our dedicated article on what occupation orders are and how you get one here.

Every situation is different. If you would like advice on whether a non-molestation order could help protect you or your children, get in touch with our expert Family team on 01202 499255.

What is the procedure for obtaining a non-molestation order?

The application is made on a standard court form, and a witness statement must be submitted in support together with any supporting evidence (such as police/medical reports, photographs, copy communication from the other party).

Once the application has been made, unless the application is made on an urgent basis, there will likely be a hearing in front of a judge to allow the other party an opportunity to respond to the application. If at that hearing the application is contested by the other party, a contested hearing will be listed where both you and the other party may be required to give verbal evidence. Pending the contested hearing, the court may make a non-molestation order on an interim basis to protect you to the date of the hearing.

Applying for an order can feel daunting, particularly when you are dealing with an already difficult situation. Our Family solicitors can help you prepare your application, supporting evidence and represent you at court. Get in touch to discuss how we can help on 01202 499255.

Can I make an urgent application for a non-molestation order?

Yes. If you feel you need protection quickly or that the other party knowing about your application may put your or your children’s health, safety and wellbeing in danger, you can apply to the court for a without notice order.

The court would consider your application without serving a copy on the other party and, if the court approved the application, the other party would not be notified until after the order is made.

In urgent cases, the court has the power to make a non-molestation order on the same day.

Once an order is made, and served on the other party, a return hearing date will be listed within 28 days at which both you and the other party (if they choose to do so) will attend. At that hearing, the court will consider both parties’ evidence and will then decide whether the non-molestation order obtained without notice should continue. 

How long does a non-molestation order last?

Orders are usually made for a fixed period (often 6-12 months), but they can be extended if needed.

The duration of the order will depend upon your specific situation and the level of risk involved.

Do I need a solicitor to apply for a non-molestation order?

No. You can apply to the court for a non-molestation order without the need for a solicitor’s involvement.  However, it is important to consider that, if you do not instruct a solicitor, you will have to represent yourself at the hearing in front of the judge.

You do not have to go through the process alone. Our experienced Family team can guide you through each stage, for preparing your application to representing you at a hearing. Get in touch on 01202 499255.

How much does it cost to obtain a non-molestation order?

There is no court fee for a non-molestation order application. You would only incur legal fees should you choose to instruct a solicitor.

Bright and experienced Family Solicitors

If, after reading this article, you have any questions or would like help in drafting your application for a non-molestation order, please do not hesitate to get in touch with our experienced Family Team on 01202 499255.

We offer all new clients a free initial chat, so you can discuss your options before instructing us. Arrange your free chat by filling out the form.