Non Molestation Orders
At the end of a relationship, it is not always easy to move forward with your life especially if you are being contacted by your Husband, Wife, Civil Partner or former partner. If you are a victim of domestic violence and you wish to be protected from the other party, you may be able to apply for a non-molestation order. There is no Court fee at present to issue such proceedings but you will need to ensure that you have some type of evidence to demonstrate how the other person's behaviour is affecting you negatively. In our experience, it is important that you also log the matter with the Police and obtain Police incident numbers to support your application. It is also vital to note that you do not have to suffer from actual domestic violence but the torture that you are experiencing can be of a mental nature, psychological or related to your wellbeing.
You can apply for a Non-Molestation Order and the Hearing is likely to be listed 4 to 6 weeks at the Court and this depends upon each individual Court. Alternatively, you can apply for an emergency Non-Molestation Order and this is on the basis that you feel that you are at risk of harm. We can talk you through the various types of Orders that you can apply for along with the procedure required.
An Occupation Order is an Order that you can apply for if you are a victim of domestic violence and you want to order the other party out of the home. There are stringent requirements before a Court will grant this type of Order as the Court is likely to take in to account whether or not the other party has anywhere else to go, the extent of their relationship with any children in the house and what they are supposed to have done. Again, you do not have to actually suffer from physical domestic violence, but it can be psychological, mentally draining or you are in fear for your life. This is a Draconian Order which the Court can order but it is based upon evidence adduced.
Should you require guidance on how to make the application and the service requirements, then please do not hesitate to contact us. Please note that you do not need a Solicitor to represent you in a Hearing which relates to Non-Molestation Orders as this is something that you can present yourself to the Court.