On what grounds can you get a non-molestation order?

You can obtain a non-molestation order against someone who has been physically violent or against someone who is harassing, intimidating or pestering you….This can encompass but is not limited to the following types of abuse:

• Psychological abuse.
• Physical abuse.
• Sexual abuse.
• Financial abuse.
• Emotional abuse.

How do I set up a non-molestation order?

To make an application for a non-molestation order, you and your abuser must have “association” under the Family Law Act 1996. This includes those who are or were: married, civil partners, living together or partners. It also includes relatives and in-laws along with those who have a child together.

Do I need a solicitor to apply for a non-molestation order?

A Non-Molestation Order has no court fee, so it is free to apply to the court for one, however, if you use the services of a solicitor to apply, you will need to pay their fees.

How to get a non molestation order in court?

Form FL401: Ask the court to make a non-molestation order or an occupation order. Ask the court to order a named person not to use or threaten violence against you or your child, or to be excluded from the property in which you both live. These orders are types of injunction.

When to challenge an ex parte non molestation order?

However, a respondent should always consider what challenging the order is actually going to gain. Within 14 days of the ex parte non-molestation order being made against a person, the court would list the matter for hearing whereby the Respondent would get an opportunity to respond to the ex parte non-molestation order.

What’s the maximum sentence for a non molestation order?

The maximum sentence through criminal courts is five years’ imprisonment and a fine; via the family court it is imprisonment of up to two years, a suspended sentence or fines. As survivors have told the NCDV, the mere existence of a non-molestation order or other type of injunction can have a dramatic effect on an abuser’s behaviour.

Can a person apply for an occupation order?

An occupation order controls who can live in the family home or enter the surrounding area for the duration order. You need to be an ‘associated person’ to apply for these orders. Find out who can apply for a non-molestation order and who can apply for an occupation order.