At Hale Family Law we can take the responsibility of the application process and our professional team can guide you from the beginning until the order is in place. If you are under threat, it is also possible to apply for an urgent application. Give our experts a call, email or book a consultation with us.
It is sadly the case many victims of domestic abuse find themselves trapped and unable to take steps to leave the abusive relationship. They are also often unaware of their legal rights.
Victims of domestic abuse can obtain protective injunctions to protect themselves and any children.
Non-molestation orders can prohibit the abuser from contacting you via messages, calls, social media and through third parties. It can also prohibit an abuser from using physical, threatening and emotional abuse.
A non-molestation can often prohibit the abuser from coming within a certain distance of your home or anywhere the abuser knows you to be.
Applications of this nature often need to be made very quickly.
Depending upon the seriousness, you may need to make an application without notice being given to the abuser. If a without notice application is made and the court grant you an order, you will have protection in place before the abuser is made aware. However, it is important to understand the abuser must be served with the injunction before it comes into force.
An application for a non-molestation order will need to be accompanied by a witness statement. You will need to set out the abuse and explain how this has impacted your wellbeing and health and the risk they pose to you. The court will need to be satisfied there is evidence of abuse/molestation ongoing, that you need protection, and court intervention is required to control the abuser’s behaviour.
Molestation includes (not limited to):
- Acts and threats of violence
- Writing abusive letters and shouting nasty things
- Going through your handbag
- Posting information on social media
- Recording you at child handovers
Non-molestation orders often last around 1-year but can last longer depending upon the issues. You can also apply to extend the non-molestation order before it expires. You will often need to evidence why protection needs to be extended.
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