Applying for a Non-Molestation Order/Injunction

If you find yourself in a situation where somebody is threatening, harassing, or hurting you –emotionally or physically – you have a right to seek legal protection.

In family law, this protection is found in the form of a non-molestation order under section 42 of the Family Law Act 1996. This is a protective injunction which is designed to prevent a person(the respondent) from harassing, threatening, or using violence against another person (the applicant) or any relevant child.

This article will walk through the process of applying for a non-molestation order step by step. Whether you are thinking about applying or just want to understand your options, this is a good place to start.

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Who the order is against

The first point of importance around non-molestation orders is that you must have some form of relationship with the person you are seeking the order against. This is what’s known as the Respondent being an “associated person” to the applicant, and section 62(3) of the Family Law Act 1996 includes a list of circumstances which would mean that parties are deemed as associated with one another.

This includes, but is not limited to:

-         Currently or formerly married/civil partnership with the person.

-         Both have parental responsibility for the same child.

-         You are relatives with this person.

There is a link included to the statutory list of associated persons: Family Law Act1996 This will assist you if you are unsure whether the person you would seek an order against would qualify as being associated.

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What the order prevents

A key thing to note about Non-Molestation orders is that the exact terms of the order depend on the specific situation and risks involved as the court can tailor the order to what is necessary for protection. This means that non-molestation orders can forbid the respondent from a variety of different behaviours, for example:

-         Using or threatening violence against the Applicant or any relevant children.

-         Harassing, pestering or intimidating the Applicant in any way.

-         Contacting the applicant, such as through phone calls or texts.

-         Coming near the applicant’s home, workplace, or children’s school.

So perhaps contrary to common belief, a non-molestation order is not an order put in place solely to prohibit the act of physical violence from respondent to applicant. It is instead an order which can vary depending on the circumstances the applicant finds themselves in.

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With or without notice

Additionally, orders can be made with or without notice. Essentially, this means that there is the option that the respondent is not told about the non-molestation order beforehand. This is necessary when there is a real risk of immediate harm to the applicant or child, or if notifying the respondent in advance would put the applicant in more danger.

For a without notice order, the court will only hear the applicant’s side initially, and if the order is granted it will come into effect immediately. The respondent will then be served with the order afterward and a date will be set for a full hearing where both sides are heard.

For a with notice order, the Respondent will be informed of the application and given a chance to attend the court hearing. The respondent can then present their side before the judge makes a decision. This process is used when the risk to the applicant is not immediate, and when it is safe to give the respondent advanced warning.

The option of having both with and without notice orders being made means that you can tailor your approach depending on your current situation. In situations where there is a real threat of violence to yourself or children, then a without notice order would be more appropriate and safer.

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The process

The process of applying for a non-molestation order begins with filling out form FL401, which is the official application form for a non-molestation order.

A link to this form is included: FL401Apply for a non-molestation or occupation order (02.23). This is so you can be aware of the kind of questions the form will ask when making your application for an order.

Following this, you would need to provide a supporting witness statement. This would be a written statement explaining:

-         The nature of the abuse or harassment.

-         Why you need protection.

-         Outlining any risks to children.

-         Why the order needs to be made with or without notice.

We understand that providing a witness statement can be a very difficult and emotional process. We will ensure to take proper time and care into creating this statement, and that you would be made to feel as comfortable as possible in providing this to us.

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Legal Aid

In applying for a Non-Molestation order, you may be eligible to receive Legal Aid. This refers to when the cost of your application will be funded fully or partially by Legal Aid as opposed to you funding it privately yourself.

In assessing Legal Aid eligibility we would look at:

-         Your financial position, including both income and capital.

-         Whether a warning letter has been sent to the Respondent and has the matter been reported to the Police

In relation to the warning letter criteria, this will be assessed individually as we are fully aware that there are instances where sending such a letter would cause more harm.

It is also important to note that there are no court fees attached in applying for a non-molestation order.

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What happens after

If the non-molestation order is granted and the respondent goes against this, the police would become involved as this would be criminal offence.

We hope this article was informative on the subject of non-molestation orders and provided clarity on the application and process by which they are made. Please do get in touch with us at Family Law Group if you or anyone you know have been suffering from domestic abuse, and we can put you through to our team of specialists.

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Article written by Rob Morris, Family Law Direct.