Non-Molestation Order – Protecting Yourself From Domestic Abuse

If you consider yourself to be a victim of domestic abuse, a Non-Molestation Order can help to prevent your partner or ex-partner from using or threatening violence against you and/or your child/children or instructing or encouraging anyone else to do this on their behalf. Having a Non-Molestation Order in place will ensure the health, safety, and well-being of yourself and your child/children.

Abuse is considered in its widest context and does not have to include physical assault. It will encompass different behaviours like stalking, harassment, verbal abuse, threats, controlling behaviour, and intimidation.

How do I proceed with getting a Non-Molestation Order?

A Non-Molestation Order can be granted on a ‘with notice’ or, when urgent protection is needed, on a ‘without notice’ basis, which means that the Order can be made with or without the Respondent’s knowledge.

Depending on individual circumstances, should you consider yourself to be in immediate danger or at risk of immediate harm then it would be appropriate for you to proceed on a ‘without notice’ basis. This would allow for protection to be provided to you more quickly, sometimes an order can even be made on the same day!

A Non-Molestation Order application made on an ‘on notice’ basis would mean that the Respondent would be notified of the proceedings and the matter would be listed subject to Court availability. They may attend this hearing and respond to what you have said in your application.

What do I need to make a Non-Molestation Order application?

It is advisable to obtain legal advice if you are thinking of obtaining a Non-Molestation Order against your partner or ex-partner. A solicitor will advise you whether it would be appropriate to proceed on a ‘with notice’ or ‘without notice’ basis depending on your individual circumstances.

At your appointment, the solicitor will draft the application for a Non-Molestation Order, a statement in support of this application, and draft the Order for the Court. Your statement will provide a brief background of the relationship with the Respondent and a chronology of detailed incidents that have occurred within the relationship which have led to the application which may include physical, sexual, or emotional abuse.

How do I get a Non-Molestation Order fast?

In order to get a Non-Molestation Order quickly you will need to make your application as soon as possible. Once all the paperwork has been drafted this will be taken to the Court where you will wait to be allocated a Courtroom and Judge. The judge will review the papers and decide whether notice should be given to the other party.

In the Court hearing, the Judge is likely to have reviewed all the paperwork beforehand and will hear from both parties before making a decision as to whether the Order is granted or not. If the Judge decides that an Order is needed, the terms of the Order will provide the respondent with an opportunity to attend Court (referred to as a return date hearing).

Should the Respondent attend the hearing they may offer an undertaking in the terms of the order sought and your solicitor will advise you on whether it is appropriate to accept this as an alternative to an injunction.

The Respondent may choose to deny the allegations made against them and oppose the Order. If this happens, the matter will be listed for a contested hearing where the Court will expect the Respondent to file a statement in response to yours, setting out their position as their evidence. There will then be a contested hearing where you both give evidence.

If the Respondent does not attend the hearing and an order was made when the application was filed, the Non-Molestation Order may continue until the expiry date ordered by the Judge initially.

Non-molestation orders are an important way of offering protection from abuse when a relationship breaks down. If you require advice on keeping yourself safe then Nelsons have a team of experts able to assist you.