If you or your child are suffering domestic abuse, then you should think about applying to the Court for a Non-Molestation Order to keep you and / or your child safe. A Non-Molestation order is a type of family law injunction. This is different to a restraining order which may be issued in the criminal courts.
You can apply for a Non-Molestation Order against an “associated person”, which is normally a partner or ex-partner, close relative, someone you’ve had an intimate relationship with, or someone who you have lived with.
The process will be that you will speak to a solicitor who will advise you on the prospects of making an application to the Court and whether you are likely to be granted a Non-Molestation Order or not. If you decide to go ahead with the application, then you will make a written statement and submit an application form to the Court. In emergency situations this can be done without telling the other party that the Order is being applied for in first instance. Once that emergency Order has been made, the other party will be served with the Order, and they will then have notice of the proceedings.
In other non-urgent cases the other party is put on notice straightaway, and you will both attend Court for an initial hearing.
Special measures can be put in place at Court, such as accessing a separate entrance to court, a separate waiting room, screens in the Courtroom, and in some cases we can ask for remote or video attendance for you.
Sometimes these cases are relatively straightforward if the Orders can be agreed at an early stage, or if the other party does not oppose the Order being made against them. However, on other occasions, the matter can take some time to conclude if the other party opposes the Order being made and further evidence, for example from the police is required
If the matters goes on to a final hearing, ultimately, you may have to attend Court and give evidence, however, there are now rules in place that you will never have to be questioned by the person who is alleged to have perpetrated abuse against you. Instead a solicitor / barrister, an independent lawyer called a qualified legal representative or the Judge would do this instead. Again, special measures can be put in place to make this process easier for you, but you will still need to answer questions about the abuse.
If a Non-Molestation Order is granted then it is normally put in place for 6 months or 1 year. They are therefore only temporary Orders. They can be extended, but the court does not do this automatically and a further application is needed before the Order expires.
A Non-Molestation Order would normally prevent the other party from doing certain things such as coming near your property, communicating with you, threatening or perpetrating any abusive behaviour against you etc or asking other people to do any of those things
Non-Molestation Orders automatically have a power of arrest attached to them, and so breach of a Non-Molestation Order is a criminal offence, and the punishments for this can range from fines to imprisonment.
Domestic Abuse
The Domestic Abuse Act came into force in 2021 and has given proper definitions to domestic abuse terms. These are also set out in the Family Procedure Rules.
Behaviour is defined as being abusive if it consists of any of the following:-
- Physical or sexual abuse.
- Violent or threatening behaviour.
- Controlling or coercive behaviour.
- Economic abuse.
- Psychological, emotional or other abuse.
It does not matter whether the behaviour consists of a single incident or a course of conduct (over a much longer period).
Coercive behaviour means an act or a pattern of assault, threats, humiliation, intimidation or other abuse that is used to harm, punish or frighten the victim.
Controlling behaviour means an act or pattern of behaviour to make a person subordinate and / or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.
Harm means ill treatment or the impairment of health or development including for example, impairment suffered from being a victim of domestic abuse or from seeing or hearing the ill treatment of another, by domestic abuse or otherwise.
Gaslighting
“Gaslighting” is not defined in the statute, but it is a term often used to described domestic abuse nowadays. You should discuss concerns about gaslighting with one of our expert solicitors, to see whether the things you are going through would fit the legal definition of domestic abuse, and we can then advise you as to whether you should apply for a Court Order for the protection of you / your children.
If these terms and definitions fit with the behaviours that you are experiencing, please contact one of our expert solicitors to discuss what court orders may be appropriate for you.
Please call our family solicitors on 0113 284 5000 or email family@isonharrison.co.uk.
