Are you worried about domestic violence? Our domestic violence solicitors in Tiverton can apply for a Non-Molestation Order for the protection of you and your children.
What is a Non-Molestation Order
A Non-Molestation Order is a court Order that:
- Prohibits a person (such as your ex-partner) from molesting you; and/or
- Prohibits a person from molesting your child.
‘Molestation’ means any form of physical, sexual, or psychological harassment that seriously impacts the health and well-being of another. There is no statutory definition of ‘molestation’, so, the family courts will consider whether behaviour amounts to molestation on a case-by-case basis.
What Happens If a Non-Molestation Order Is Breached?
If an order is made in your favour and the person who the order is made against breaches the terms of the order, then it may amount to a criminal offence, so you should contact the police immediately.
Types of Application That Can Be Made
The court can make a Non-Molestation Order where a Court Application has been made, either:
a) ‘on notice’Â to the other party; or
b) ‘without notice’ to the other party.
‘Without notice’ applications can be made if you (and/or a child) are deemed to be at imminent risk of harm. It is sent to the court without the other party being notified. If the application is successful and the order is made, it will then be served upon the other party. At this point, they will become aware of the application and the order that has been made against them.
Where an Order is made ‘without notice’ then a further hearing will take place to allow the other party to attend court and oppose it if they wish to do so. If they do not attend the hearing, then an Order can be made in their absence.
Please bear in mind that the court will only make an Order ‘without notice’ if it believes there are risks of significant harm should the Order not be made immediately and it is likely that you will be deterred or prevented from issuing an application if an order is not made.
How We Can Help
Our domestic violence solicitors in Tiverton are here to help. You can pop in to see us or call our free helpline for initial legal guidance.
We are independently rated the best Tiverton family lawyers and can be contacted by calling 0333 888 0404, or sending an email to [email protected]Â