Non-molestation orders are injunctions which will typically last anywhere between 6 and 12 months, depending on the circumstances. It’s also possible for an order to last longer than this period, but it will depend on your situation and the decision of the courts. If you get to the end of your fixed court order, it’s also possible to extend the order if your situation hasn’t changed and you still feel in danger.

The application is made on the form FL401, including a requirement for a witness statement in support and if the applicant wants to keep their details confidential they can also fill the form C8. There is no court fee for this type of application and courts will accept the applications via email provided they are all signed and have the supporting evidence.

The court can be asked, on application, to discharge the order. A party to the case (the applicant or respondent; or both) can do this by writing to the courts and explaining the situation; stating why they think the order should no longer be in place. A family court Judge will decide whether it is appropriate for any previously granted order to be discharged.

The process of getting a non-molestation order is often quite simple, but you may face delays in the courts if the family Judge is not clear as to the merits/ justification of your application. It’s always best to bring as much evidence as you can when you attend family court to get your order granted.

All non-molestation cases will be heard in Family Court and will only be attended by people who are directly concerned with your case. You’ll be able to bring in your solicitor or legal representative with you, but you may not be able to bring in a friend or someone for support.

During the hearing, the judge will consider all statements and evidence before they make a decision as to whether to grant the order or not. Sometimes the court may direct some further evidence before being able to make a decision.

Unfortunately, sometimes people may be falsely accused and face a non-molestation order based on untruths and misstatements. If you find yourself in this position, you do have the right to challenge the claims that are being made against you.

There may be times that you don’t want a partner knowing about a non-molestation order you’re applying for, and it is possible to apply for one without them knowing subject to certain considerations being met. This is something known as “ex-parte”/ “without notice” applications and is especially useful for situations when you need protection quickly or if you feel like you’ll be in more danger if your partner where to find out about the order before you apply for it.

Non-molestation orders have no court fees, so you don’t need to worry about the financial expense of applying for one.

Depending on how much evidence you have and the time it takes to get a court hearing, you should be looking at no more than a few weeks before your non-molestation order application is considered. However, if you find yourself in immediate danger, you can make an emergency application to the courts on the same day, without your partner having to be there, which will give you protection by the terms of the order (once your partner has been “served”).

Attempts will always be made to serve the non-molestation order on the abuser in person to ensure that they have received the order. Sometimes the court will permit other methods of service and if that has been permitted, it will be confirmed on the face of the order. These orders should be served as soon as possible after the order has been made.

These orders are very serious and can have serious consequences if they are broken. Once you have a non-molestation order put in place, you should feel much safer as any breaches amount to an arrestable offence and depending on the seriousness of any reported breach, the person that has breached the order could result in up to 5 years in prison. If you ever feel like you’re in danger again, you should call the police straight away.

WPC Lawyers understands the sensitive and urgent nature of legal matters related to domestic abuse, and our dedicated team is committed to providing comprehensive assistance with obtaining Non-Molestation Orders. In situations where individuals face the threat of harassment, intimidation, or violence, our legal experts offer empathetic guidance through the process of securing a Non-Molestation Order. We provide thorough legal counsel, helping clients understand the criteria for obtaining such an order, and assist in preparing the necessary documentation for court proceedings. Our goal is to ensure the safety and well-being of our clients, and we navigate the legal complexities of Non-Molestation Orders with urgency and professionalism. WPC Lawyers is here to provide a supportive legal framework, offering peace of mind to those seeking protection from abusive situations. Contact us today at info@wpclawyers.co.uk