How to apply for a Non-Molestation Order

A Non-Molestation Order (NMO) can be an effective form of preventing and protecting someone against domestic abuse. In this blog, our domestic abuse solicitors explain what a Non-Molestation Order is, how to apply and what to expect once the Order is in place.

If you are in immediate danger, you should call 999.

What is a Non-Molestation Order?

A Non-Molestation Order protects a person and/or their children from violence, threatening behaviour and harassment. It can also prevent the ‘associated person’ from coming to a certain place.

Who counts as an ‘associated person’?

According to the Family Law Act 1996, an associated person can be:

• A current or former spouse, civil partner or cohabiting partner.
• Someone you are or were in a romantic relationship with.
• A family member.
• The other parent of your child/children.

Although these are the specified ‘associated persons’ and the most common, if you are subject to domestic abuse from anyone, i.e. a friend or colleague, you should still speak to a domestic abuse solicitor about applying for a protective injunction.

What protection is included in a Non-Molestation Order?

Your solicitor will be able to advise on what exactly to include in an Order to provide you with the necessary protection.  As an example, a NMO could include the following restrictions:

• Not to contact you and/or your children directly or indirectly.
• • This includes digital platforms, e.g. email and social media
• Not to use abusive, harassing, threatening or intimidating language and behaviour towards you and/or your children, either directly or by instructing someone else to do so.
• Not to visit your home, workplace or the children’s school, or anywhere else you frequently visit (this could include not going within a certain distance to these places).

When the court decides whether to make a Non-Molestation Order, it will consider your circumstances, including the need to secure yours and your children’s health, safety and well-being.

How do you obtain a Non-Molestation Order?

If you are at risk from domestic abuse and require protection quickly, you should contact our domestic abuse solicitors, who can assist you with applying for a Non-Molestation Order. Our specialist team can assist you with applying for a NMO on an emergency (‘without notice’) basis. This means the associated person (the Respondent) will not be told about your application, and the Court will consider your application as soon as possible.

Typical process for applying for a Non-Molestation Order

1. 1. Complete an FL401 form with a detailed statement outlining the situation (a specialist lawyer can work on this with you). These documents should be sent to the Family Court closest to your home address.
   2. Your application will then be reviewed by a Judge. The Judge may grant a Non-Molestation Order to protect you.
   3. If the NMO is granted, the Order must be personally handed (served) on the Respondent. This usually involves instructing a process server or Court Bailiff. It is not enough simply to post the Order to the Respondent. This is when the Order becomes legally enforceable. The Police will also receive a copy so they can act if it is breached.
   4. The court will then schedule a return hearing, allowing the Respondent the opportunity to present their side. It’s at this point that the Respondent might choose to contest the Non-Molestation Order, and the case will be listed for a final hearing.

If the Respondent knows your current address, you can file a C8 form and send this to the court with your application. This means that your address will be kept confidential and will not be shared with the Respondent.

What happens if the other party contests a Non-Molestation Order?

If the Respondent wants to contest the NMO, they must do so at the return hearing.

The final hearing will be held in private, with only the Applicant, Respondent, lawyers, and a Judge. The Judge will consider all evidence, and both parties will have the chance to ask questions.

After the Judge has heard all the evidence, they will make a final decision as to whether the NMO shall continue or not.

What evidence do you need to apply for a Non-Molestation Order?

The court applies strict criteria for applying for a NMO, and so it will require evidence to support your application.

Although there is no exhaustive list that the court requires, here are some examples of compelling evidence to support your application for a Non-Molestation Order:

• Witness statements: these are detailed accounts of instances, including specific dates, times and places.
• Copies of Police reports, if they have been involved.
• Medical records relating to injuries sustained.
• Screenshots or copies of digital communications, e.g. emails, WhatsApp messages and social media posts.
• Video footage or photos.
• Statements from third parties: if another party witnessed the incident(s), you should include their details and ask them to provide a written statement.

What happens if a NMO is breached?

Breaching a Non-Molestation Order is a criminal offence (even if the final hearing has not yet taken place), and the Police must be notified if this happens.

If a NMO is breached, it can result in imprisonment and/or a penalty fine.

Do I need a solicitor to apply for a Non-Molestation Order?

You do not have to instruct a solicitor to apply for a Non-Molestation Order; however, it is wise to speak to a specialist lawyer before starting an application, as they can advise you on what should be included in the Order and guide you through the whole process, including any hearings, and what to do if the Respondent contests it.

A Non-Molestation Order solicitor can:

• Advise you on the type of conditions that would best protect you.
• Help you apply for a Non-Molestation Order, including advising on what to include in your statement and what evidence the court may require.
• Explain how to apply for a NMO on a ‘without notice’ basis.
• Check whether you are eligible for Legal Aid.
• Correspond with the court on your behalf.
• Help ensure your information is kept confidential (if applicable).
• Either represent you or find representation for hearings (a Barrister).
• Review the Respondent’s response and advise on the best way forward.
• Refer you to any relevant support agencies and charities.

Get in touch with our domestic abuse solicitors

For friendly and practical advice on applying for a Non-Molestation Order, contact our specialist Domestic Abuse team. Call us on 0117 325 2929 or fill out our online enquiry form.