Domestic Abuse/Non-Molestation Orders
Sadly, domestic abuse is an issue prevalent in our society.
One in four women ( 27%) and one in seven men (13.9%) have experienced domestic abuse since the age of 16.
In the year ending December 2023, the police recorded a domestic abuse offence approximately every 40 seconds (ONS, 2024).
Between April 2019- March 2022, on average, at least one woman a week was killed by an ex-partner.
Domestic abuse can have an emotional, physical, social and financial impact on the survivor and can leave many survivors feeling powerless and unable to escape. Here at Greens Solicitors, we are committed to helping victims of domestic violence secure the protection, support and justice they need. One of the ways we are able to do this is through making an application for a Non-Molestation Order.
A Non-Molestation Order is a type of injunction which will prevent your ex-partner or family member (s) from:
• using physical violence against you.
• harassing you.
• contacting you.
• coming within a certain radius of your home.
A Non-Molestation Order is an effective form of protection as breach of an order is a criminal offence. If the Respondent does not comply with the terms of the order, they could face up to 5 years in prison. The Courts will normally grant a Non-Molestation Order for 6-12 months, depending on the individual circumstances of each case.
Who can apply for a Non-Molestation Order?
The person you want to be protected from ( the Respondent) must be an ‘associated person’. This means they must be associated to you in one of the following ways:
• You have been married or in a civil partnership.
• You have lived together.
• You are related.
• You have been engaged to be married.
• You have been in an intimate personal relationship over a significant time period.
• You have a child together.
• You have been involved in family proceedings together.
Emergency Injunctions
In certain cases, an application can be made without notice. This means that the Respondent will not be made aware that you are applying for an injunction against them. Emergency Injunctions can be applied for in the following cases:
• There is a risk of significant risk of immediate harm to you or a relevant child.
• Where it is likely you will be deterred from making the application if it is not made immediately.
• Where the Respondent is aware of the proceedings but is evading service, and you would be prejudiced by the delay this causes.
Should you require protection from domestic violence, we have a team of specialist Solicitors who can assist you with securing an injunction. Our legal team will ensure you feel supported in each step of the proceedings.