The National Crime Statistics across England and Wales estimated that 2.1 million people aged 16 years and over experienced domestic abuse in the year ending March 2023. Of this estimated 2.1 million victims, there were only 800,000 domestic abuse related crimes recorded and 50,000 prosecutions made in England and Wales in 2023.
Non-Molestation Orders
One of the best ways to protect yourself against domestic abuse is by obtaining a non-molestation order against your abuser. Non-molestation orders can prohibit the abuser from molesting another person, including a relevant child. This involves a court order being served on the abuser which will forbid them from performing specific behaviours, such as threatening or physical behaviour, harassment, intimidation, or any form of communication with you, and these orders can also stop an abuser visiting your home. Non-molestation orders are governed by the Family Law Act 1996 (s42).
How will a Non-Molestation Order protect me?
A non-molestation order will protect you against behaviour that may not be a criminal offence itself or whereby the police have been called but did not have enough evidence to be able to charge the abuser with a criminal offence. When a non-molestation order is in place, the police can arrest your abuser for breaching the order. It is important to note, they will only be guilty of an offence where the person was aware of the existence of the non-molestation order.
If a person is found guilty of an offence under the Family Law Act 1996, they may be liable for imprisonment to a term not exceeding 5 years, a fine, or both.
What are the requirements for obtaining a Non-Molestation Order?
In deciding whether powers under this act will be applied, the courts will have regard to all circumstances of the case, including the need to secure the health and safety of both the applicant and of any relevant child.
To make an application for a non-molestation order, you must have an ‘association’ with your abuser. This includes people who were married or intended on being married, people who were, or are, living together, couples who have a child together, relatives (parents, step-parents, grandparents) civil partners, or in-laws.
A supporting statement will have to be submitted alongside the non-molestation order application, which should collate as much evidence as possible.
What evidence do I need?
For a successful application, you must provide substantial evidence that you or any relevant child require protection and that an order is necessary to control the behaviour of the ‘abuser’. Examples of evidence include:
- Clear images of injuries sustained.
- Text messages, emails, any social media evidence of harassment/threatening behaviour.
- Witnesses who can corroborate events.
- Documents from doctors or domestic violence specialists/advisors/charities.
- Clear and precise statement of facts/events
How long will a non-molestation order protect me for?
Non molestation orders normally last 6 – 12 months. Sometimes they can be granted for longer, and once they are granted, they can be extended.
How can we help?
If you have been a victim of domestic violence or believe you may have been and would like some more advice or information on obtaining a non-molestation order, here at Oliver and Co, we offer a FREE 10-minute, no obligation consultation. If you would like to speak to a member of our team to get some advice, you can call our Family team on 01244 662129 or complete the form on our Contact Us page and we’ll get in touch with you.
We also offer 45-minute discounted Ask the Legal Expert (ALE) appointments. These can be over the telephone or in person. If you would like to find out more about this service, please contact us on 01244 662129.
