Obtaining a Non-Molestation Order
So you have finally had enough of your abusive relationship and you’ve taken the brave decision to leave. Perhaps its because their behaviour has escalated? It might be because they turned their attention to your children?
If their behaviour is bad enough to put you or your children’s safety and wellbeing at risk you might want to consider a ‘Non-Molestation Order.’ You can read all about non-molestation orders on our website.
These are the basic things you need to do in order to give you peace of mind for you and your children’s safety and to obtain a non-molestation order:
Complete the application form, FL401. This form can be downloaded from the gov.uk website.
Prepare a statement to support your case. This can be quite painful and unpleasant but you need to detail how you are related to each other, ie parents of child, married, previous relationship etc as well as setting out the
history of your relationship. This should detail any violence or threatening behaviour with specific dates; perhaps do this in the form of a ‘time/incident’ line to give a chronological order . Go into as much detail as you can.
Take 3 copies of everything
Go to your local court (it might be that you need to email them ) and tell them you have an emergency court application.
The court will then arrange for you to see a Judge who will decide whether the order should be granted immediately or whether it should be listed for a hearing on another day.
If the judge grants the order immediately then the court will help you arrange to serve the papers. You will have to go back to court for a “return date” hearing; this is to allow your ex to have their say. But you do at least have the protection of the order. Therefore, if the person in question does anything in breach of the order, you can then call the police immediately. The police will use the order to take the appropriate action.
If the Judge decides the matter is not an emergency and doesn’t grant the order, then the application will have to be sent to other person and the matter listed for a court hearing on another day.
TOP TIP – put in your statement a paragraph asking for the court to grant the order without notice to the Respondent because you are scared of his reaction and you fear that may put you at risk.
If you have any questions please ask; you may be entitled to legal aid if you are on a low income.
Contact us for a free initial appointment.