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Domestic Violence

In circumstances where the Police are not able to assist, a Non-Molestation Order can provide adequate protection which is obtained from the Civil Court.
A Non-Molestation Order can be obtained against a person who has been physically violent or against a person who is harassing, intimidating and/or pestering you. The abuse can include psychological abuse, physical abuse, sexual abuse, financial abuse, and emotional abuse.

The process of obtaining a Non-Molestation Order is often quite simple.

A Non-Molestation Order can be obtained against a person that you are in a relationship with or have been in a relationship or someone that you have lived with, or currently living with. It can also be obtained against a family member.

If you are under 16 years of age a Non-Molestation Order application would need to be made in the High Court.

The Court has the power to make a Non-Molestation Order without notice to the other party when the application is made based on the severity of the circumstances.  Once the Non-Molestation Order is made, the other party is required to be personally served. Once service has taken place a copy of the Order is lodged with the Police in the event a breach occurs. Breach of an Order is an arrestable offence with imprisonment. You will be required to inform the Police of any breach.

The Non-Molestation Order prohibits the other party from harassing, pestering, being violent, threatening violence and prohibits the other party from communicating with you. A restriction can be included in the Order preventing the other party from entering your home or coming within 100 metres of your residence.  The Non-Molestation Order is usually made for 12 months.

If you are on a low income or are in receipt of Universal Credit you may qualify for legal aid which will allow you to seek representation without incurring any costs.

For any enquiries regarding Domestic Violence please contact our Family Law Solicitors department on 01772 555 176
Or enquire online here.