Solicitor in Family and Child Law, Anesha Pavaday has shed some clarity on some common questions relating to Non-Molestation Orders.
Who can apply for a Non-Molestation Order?
You can apply for a Non-Molestation order to protect you from abuse against an 'associated person'. An associated person is any of the following:
- A spouse or ex-spouse.
- A civil partner or previous civil partner.
- A person you are, or have cohabited with.
- A person you have a child with.
- A person you have, or had parental responsibility for the same child with.
- A relative.
- A person you live or have lived in the same household with, but not as a tenant, lodger or employee.
- A person you are, or have been in a significant intimate relationship with.
- A person you are involved in the same family proceeding with (for example divorce or children proceedings).
How long does a Non-Molestation Order last for?
The order lasts for a fixed term, which is typically 6 months or a year. However, it can last until a further order of the court is served or in some cases, indefinitely.
Does a Non-Molestation Order show on a DBS check?
The order does not show on a DBS check unless it has been breached. A breach of a Non-Molestation Order is a criminal offence and the offender can face a fine and/or imprisonment or up to five years.
Do you have to pay for a Non-Molestation Order?
There is no court fee for a Non-Molestation Order, but there is a small fee involved for a Solicitor to prepare your application and represent you at Court. If you are on low income, you may be eligible for legal aid to cover the cost of your legal fees. If you are not eligible for legal aid, we do provide competitive and affordable prices. You can contact us here to receive a quote.
What is the difference between a Restraining Order and a Non-Molestation Order?
A Restraining Order and a Non-Molestation Order both offer protection from domestic abuse. The main difference is that a Non-Molestation Order is granted by the Family Court and a Restraining Order is granted by the Criminal Court.
How to remove a Non-Molestation Order?
You can remove a Non-Molestation Order by applying to the Court to discharge the order.
How is a Non-Molestation Order delivered?
A Non-Molestation Order will not offer protection until your abuser is aware of the order. To ensure the abuser is aware of the order a process server is instructed to hand deliver a copy of the order to the abuser. This is so we can be sure he/she has received it and is aware of the terms of the order.
If you are looking for advice on applying for a Non-Molestation Order, or you have had one served against you, please contact Anesha Pavaday in our Eastbourne office on 020 3551 8090.
What organisations can assist you?
If you are suffering from domestic violence, there are places that can offer their support. In the case of an emergency, we would always recommend you call 999.
Refuge are a charity who run the UK Domestic Abuse Helpline which is open 24 hours a day. In addition there is a program called 'safe spaces' which enables women to have support resources available to them in public places. Male victims of abuse can also contact Mankind for support. They offer a confidential helpline as well as other support for victims.