A non-molestation order is designed to protect victims from abuse, threats and harassment. This order is an injunction which means that certain actions/behaviours are not allowed. These include stopping the abuser communicating with you or being allowed within a certain distance of your property.
To apply for a non-molestation order you will need to complete some forms and submit these to your local family court so that your case will be heard. The judge will then decide if an order should be given.
Who can apply?
Any victim, providing the abuser is an “associated person” to you. This could be a relative, spouse/partner or someone you live with.
Which forms do I need to complete?
- An application form (FL401) - this provides your details, those of the abuser (known as the “respondent”) and the behaviours you would like protection from.
- A signed statement - this statement explains the abuse/harassment you have been subjected to and why protection is needed to secure the health, safety and well being of you and any relevant children.
- A confidential details form (Form C8) - this is useful if you have had to leave your home and do not want the respondent to know where you are living.
- A certificate of urgency - this requests an urgent hearing.
What will this cost me?
There is no fee to submit the forms to the family court. If you are applying for a non-molestation order then legal aid may be available to cover the costs of instructing a solicitor to help complete the forms and represent you at the hearing.
What happens next?
After submitting the forms, court will send you a hearing notice.Once you receive the hearing notice you need to have the papers hand-delivered (served) to the respondent. We can arrange for someone in your local area to do this for you. The judge may decide that it is better to not tell the respondent that the hearing is taking place, in which case you do not need to do anything at that stage.
What happens at the hearing?
The hearing might be remote via Teams or Zoom, or in person at the family court. An attended hearing may make you feel anxious, so there are measures which can be put in place to make you feel safer. These can include privacy screens in court to prevent you seeing the other party along with separate court entrances and waiting rooms.
How will a non-molestation order protect me?
An order will usually protect you for six or twelve months or longer in exceptional cases.
If the respondent breaches the order you can report it to the police as it is a criminal offence or apply to the family court who issued the order. In criminal proceedings the respondent could face a fine, imprisonment of up to five years, or both and up to two years imprisonment in family proceedings.
If you need more information or would like to instruct a solicitor, contact us on 0161 696 6193 for expert advice.
By Sally Smith, graduate paralegal in the family law team
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