NON-MOLESTATION ORDER

Violence towards another person is a criminal offence which entitles the victim to report the incident to the police and press criminal charges against the perpetrator. The criminal justice system takes time so there is sometimes, depending on the circumstances, the possibility of obtaining a non-molestation order being a Civil Law procedure to try to protect the victim in the meantime.

A non-molestation order prohibits a person from threatening, harassing, pestering or using violence against a victim. This includes nuisance phone calls, loitering and shouting outside the victim’s home.

When considering an application, the court takes into account all the circumstances including the need to secure the health, safety and wellbeing of the applicant and any relevant child.

An application can generally be made against one of the following:-

Your husband or wife or former husband or wife;
Someone you cohabit with as your partner including same sex partners;
Someone you live with but not as employee, tenant, lodger or boarder (no commercial arrangements);
Your parent or step parent, uncle, aunt, nephew or that person’s spouse;
Anyone who has parental responsibility for you;
Former Boy or Girl friend.
Once the court receives the application, a court hearing can be obtained within two weeks or sooner. The order does not order the person to leave the home.
Ex-Parte (without notice) Orders

If you need urgent protection the court may make an initial hearing quicker based on what you say without the perpetrator being notified or present at the initial hearing. The court shall then arrange to hear the perpetrator of the violence at a further hearing.

If the order is broken, the court will hear the evidence and decide if the order has been broken then decide on any relevant punishment, be it a fine or imprisonment.

A non molestation order can last for a specific period of time or until a further order.

If you would like to instruct this firm to assist you in connection with the above, please do not hesitate to telephone us.