When you find yourself in an abusive relationship, you can often find it very hard to leave the relationship because you are worried about the danger to yourself, and any children.
If you feel you are in immediate danger then your first point of call should be the police, they will be able to remove you from any immediate danger and then signpost you to domestic abuse services that are able to support you with accommodation and help you seek legal advice.
In this blog we will talk you through the process of applying for a non-molestation order.
What is a non-molestation order?
A non-molestation order is a protective order for individuals who have been a victim of domestic violence. The order prevents a person from threatening violence or engaging in any other form of abusive behaviour.
Who can apply for a non-molestation order?
You can apply for a non-molestation order for a person who you are ‘associated’ with under the Family Law Act 1996. Examples of these are as follows:
1. Husband, Wife or Civil Partner
2. Ex- Husband, Wife or Civil Partner (the relationship must have ended less than 3 years ago)
3. Fiancé or Fiancée
4. Ex- Fiancé or Fiancée
5. Boyfriend, Girlfriend or a person you are in an intimate relationship with (this needs to be someone you have been with for more than 6 months)
6. Close family, such as parent, brother, sister, aunt or uncle.
7. Father or mother of your child/ren.
You cannot apply for a non-molestation order against a friend, neighbour, work colleague or similar as these are not ‘associated’ people.
In proceedings, these will be known as the ‘Respondent’
How do you pay for a Non-Molestation order?
If you have been a victim of domestic abuse, then you are able to contact a solicitor and see if you are eligible for Legal Aid. Legal Aid for a Non-Molestation Order is means and merits tested. This means that the Legal Aid Agency will want to see if you have the
money (means) yourself to pay for your legal fees, and that your case is likely to be successful at Court (merits).
If you have a letter from a domestic abuse service, GP letter or police report then this will help you satisfy the merits assessment of the application.
If you are in receipt of certain benefits, then this will often mean that you will be eligible on means. It can become more complicated if you own a house or are self-employed. This does not mean that you will not be eligible, it will just mean that more information will need to be provided. The Legal Aid Agency will assess your finances and see if they think that you need to contribute towards your fees, pay your fees yourself or that they will cover your fees.
Your solicitor will have to upload supporting evidence for the Legal Aid Agency to be able to make their decision.
How to make an application?
To be able to make the application you must demonstrate that the Respondent to the application is an ‘associated’ person. To apply to the Court for a Non-Molestation Order a FL401 form should be filled out and include a witness statement in support of your application. If you also want to keep your address confidential then you can fill out a C8 form.
Do they have to know an application has been made to Court?
You can ask the Court to make the Order Ex-Parte, this means without notice to the Respondent. These are usually used in situations when you need protection quickly. The Court will not make a Final Order without the respondent being able to give their views on the Order or application. The Court will make an Interim Order which will last until the second hearing. The second hearing is when the respondent will have the opportunity to attend Court. If the Court makes the Order without notice, then your solicitor will have to arrange for the Respondent to have the Order served on him, they will usually do this using a process server. Once the Respondent has been served then the Order will come into force.
The Court typically, unless you are in immediate danger, will list a hearing ‘on notice’ to the Respondent. The Court upon receipt of your application will list a hearing and send a notice of hearing to your solicitor. It is then the job of your solicitor to again serve the application on the Respondent. This is most often done using a process server. This will mean the Respondent has the opportunity to attend the first hearing and will be able
give their views on the application and order. Then the Court will determine what should happen next. If the Respondent does not agree with the application or for the case to finish, then the Court will then direct that further evidence and statements shall be filed and served, and the case may proceed to the Family Court. This can cause a delay in proceedings finishing and a Final Order being made.
What happens if the Non-Molestation Order is breached?
Non-Molestation Orders are very serious Orders, and any breaches of the Order should be reported to the police as it is a criminal offence. Any breaches will be dealt with by the police, not your solicitors who helped you do the application. In severe breaches or where the Order is being continually breached then this could mean that the Respondent has to serve a prison sentence.
What happens if I am the Respondent to an application?
Unfortunately, if you are a Respondent to an application then you are not able to qualify for Legal Aid, however that does not mean that you cannot pay privately for legal advice and representation at Court.
We are here to help
At Kundert Solicitors we are here to help you, we understand that this can be a very difficult decision, especially if you are still in a relationship or living with the individual. We know that this can be very frightening if you feel that you are in danger.
We can help you through the process and gather all the information you need; we can also apply for legal aid. Our team are on hand to offer legal advice. If you would like to talk to us then please contact us on 024 7622 7741. We understand that sometimes it may be difficult to talk and therefore if it is easier to contact a member of our team via email please feel free to contact me on [email protected]
Louise Higgin
Paralegal, Family Team