< Go Back Everything You Need To Know About Non-Molestation Order Posted: Oct 4, 2022A non-molestation order is one of the most effective ways to protect yourself against domestic abuse from a former partner or family member. They will help any individual who has suffered abuse in the form of harassment or threatening behaviour, but has not been able to file other charges if the police reviewed the case and had insufficient evidence at the time. Ultimately, it is a method to keep abuse victims safe and feeling less vulnerable.
What Is A Non-Molestation Order? A non-molestation order is a court order which prevents a partner (present or former) or family member from causing any harm to you or any children involved. This can stretch from actual physical harm, right up to threats of violence or harassment.
The order could prevent the person in question from being within the same vicinity as the claimant, possibly forcing them away from the family home or workplace. The idea of the non-molestation order is to make the claimant feel safe and secure in their home or workplace. Violations of the order could lead the police to arrest the party involved.
Who Can A Non-Molestation Charge Be Applied to? A non-molestation charge can be applied to anyone who you have had a previous relationship with or is related to any shared children.
This includes:
What Effect Does A Non-Molestation Order Have? A non-molestation order can prevent a person having contact with you for as long as decided fair by the courts. This may mean not being able to enter the same house or workplace or contact you in any way.
Breach of the order could mean that the person charged is given a fine or prison sentence of up to 5 years depending on the severity of the breach or accusations laid down to put the order in place.
When Does It Start And How Long Does It Last? You are able to apply for a non-molestation order without the other party knowing. However, they may be asked to present their side of the case at a later date.
The charge will come into effect as soon as the other party has received it. This is usually through the post. It can take a couple of days to arrive, but is practically immediate.
You can run a non-molestation order for as long as is needed. This can be indefinitely, for a fixed period of time agreed between you and the court, or until the court decides that the order doesn’t need to be in place.
Summary Understanding how to find out about a non-molestation order can be daunting, as usually people who are seeking an order have been through trauma which is difficult to discuss. Fosse Law offers helpful and empathetic advice, with a team of trained professionals who understand your individual situation.
If you feel that you have been the victim of harassment or domestic violence and would like to take steps in the right direction, contact Fosse Law today .
