What is a Non-Molestation Order

What a Non-Molestation Order is and the protection that it can offer.

⇒  How it can prevent all types of abuse

⇒ No need to use a Solicitor

⇒ Breaching the Non-Molestation Order is a Criminal Offence

A Non-Molestation Order or “Non-Mol” is an injunction that helps to stop harassment by setting out certain things that the recipient cannot do. The aim is to put an end to a course of behaviour that has caused some form of distress, harm, or bother to the applicant. Most commonly they are granted to victims of domestic abuse, seeking to stop further harm caused by their abuser.

The abuse in question can take many different forms and includes but is not limited to physical abuse, verbal abuse, sexual abuse, financial abuse, and coercive control. Abuse can manifest in many different ways, and Non-Molestation Orders are powerful tools when it comes to helping protect victims.

The legal basis for them comes from the Family Law Act 1996, more specifically Part IV. Non-Molestation Orders are “granted” by the court, which means that you must make an application if you wish for one to be issued. Once this request has been made the Non-Molestation Order is served upon the accused party and takes immediate effect. It is useful to note that you do not need the help of a solicitor when it comes making an application. You can find the forms online and do it yourself. That’s where we come in.

In respect to the general process, there are two ways that a Non-Molestation Order is granted. This tends to depend on the severity and urgency of the situation. A standard procedure means that the Recipient will be given notice that you have requested a Non-Molestation Order, the alternative is an “ex-parte” non-molestation order. In simple terms this means “without notice”. You can make your application without the other person knowing until after the court have considered your request.

No matter which way that the Non-Molestation Order is granted, the effect is the same. It means that if the the terms of the Non-Molestation Order are breached then a criminal offence has taken place. This establishes that in such a situation the applicant should call the police, who may make the decision to arrest and charge the respondent.

In terms of what the Non-Molestation Order sets out, it will depend on the context of the situation. Rather than being a blanket set of conditions, it takes into account what the applicant needs protection from. As a result it could establish a certain distance from the applicant that the respondent cannot go within, it might explicitly rule out physical contact, or it could even put a stop to digital contact such as messages and calls.

In summary, a Non-Molestation Order is a legal means of protection. If somebody is harassing or abusing you, it can go a long way towards bringing an end to this. They are a legal tool that you can utilise without needing to seek professional legal advice. If you are concerned about abuse and are unsure as to what could help, this could very well be the solution for you.

More Information