Non-Molestation Orders

 

We balance our exceptional legal expertise with care and compassion, allowing us to deliver solutions that benefit you while carefully managing the emotional impact.

We are experts in advising on the issues flowing from abuse in relationships and will guide and protect you through the difficulties you may face.

Overview →

If you consider that you and your children are in danger or are in a potentially harmful situation, our team of experts will guide you through what is needed to obtain a non-molestation order from the Court, providing the support you need.

A non-molestation order prohibits your partner or spouse from using or threatening violence against you or your children, or intimidating, harassing or pestering you. The order can contain very specific provisions, prohibiting specific behaviour.

Where an emergency application is made, the Court is able to grant an order the same day.

When deciding whether to make an order, the Court will take into account all the circumstances of your case including the health (mental and physical), safety and well-being of you and your children.

If you consider that a Court order is too draconian a step, your partner can instead give “undertakings” (promises) to the Court, a breach of which is treated as contempt of Court and could lead to a fine or committal to prison. There is, however, no power of arrest attached to an undertaking as there would be to a Court order.

We have extensive experience in securing orders from the Court for personal protection. Our team of lawyers is on hand to help you and give you the confidence you need to take the next step.

Frequently Asked Questions →

Questions that we are commonly asked about non molestation orders include:

Can I only get an order against my current partner/spouse?

No, there is a wide category of people against which you can get an order. To apply for a non-molestation order you must, however, be an “associated person”. An “associated person” includes former and current spouses, civil partners and cohabitants, as well as fiancé(e)s, relatives, people living in the same household, the parents of children in the house and those who have been in intimate personal relationships of significant duration.

How long will the order last for?

The order can last either for a specified period of time or indefinitely. However, new guidelines issued by the President of the Family Division in January 2017 in relation to orders obtained ‘without notice’ to the respondent set out that…“Many orders will be of short duration, typically no more than 14 days.  But in appropriate cases….the order itself can be for a longer period, such as 6 or even 12 months….This must be a matter for the discretion of the judge…”.

What if my partner/spouse breaches a non-molestation order?

Breach of any order is contempt of court and if your partner/spouse does breach an order they could be sent to prison. You must act quickly if they breach the order, telephoning the police if you are in immediate danger.  We will already have lodged any order with your local police so they will already be aware of any issues.

Our People

 

We have some of the very best London divorce lawyers and mediators, along with accomplished arbitrators, family consultants and counsellors. There’s no one better to handle your case.

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