What is a Non-Molestation Order?
A non-molestation order is a Court Order that prohibits an abuser, or a third party instructed by the abuser, from threatening, intimidating, harassing, pestering, communicating or using violence against the victim. A non-molestation order can also prevent an abuser from coming within a certain distance of the victim, including their home or place of work.
Applications for a non-molestation order can be made without notice, which potentially means that your abuser will not be aware of proceedings until they are served with an Order. However, new guidance has been released in regard to without notice applications.
Without Notice Applications
There is a test that is considered by the Court’s when determining whether an application should be made without giving notice to the other party (‘the Respondent’).
This test is set out in the Family Law Act 1996 at Section 45:
“ An application may be granted without notice if considered “just and convenient” to do so. For example, this may be where there is evidence suggesting a pattern of coercion or control and the Court considered that the victim may further coerced into withdrawing the application. The Court may also deem it “just and convenient” to make an order without notice if they are satisfied that the abuse is likely to have had such an impact on the victim that they are likely to be deterred from proceeding if the respondent is given notice. The Court may also be satisfied that the application should be listed without notice if there is a risk of significant harm to the victim if the order would not be made immediately. Furthermore, if there is reason to believe that the respondent is aware of proceedings but is deliberately avoiding service and that the victim will be seriously prejudiced by the delay in serving the respondent, the Court may also consider making an application without notice”.
However, it is important to note that these examples are not intended to be comprehensive as the Court should carefully consider the provisions explained above in each case and circumstances, before deciding whether to make an application with or without notice. The Court have a duty to balance the victims’ need for protection alongside the respondent’s rights. Recent case law authority has held that any Order made without notice to the respondent that has the effect to restrict the respondent from their home or other necessary location, should be considered as exceptional due to the extensive infringement it places upon the respondent’s rights.
If the Court deem it just and convenient to make an order without notice to the Respondent, then the respondent must be given the opportunity to make representations by either agreeing or contesting the order as soon as is convenient at a full hearing. This hearing should ideally be listed within 14 days of the without notice hearing, but sometimes may be listed within 28 days dependent on the Court’s availability.
We Can Help
If you feel you are a victim of domestic abuse, please do not hesitate to reach out on any of the contact numbers provided below to access the help, support and protection that you deserve.
Here at Ringrose Law, we offer a 24-Hour Domestic Abuse Helpline on 07739 748675. Alternatively, you can email to access the support you need.
National Centre for Domestic Violence: 0800 970 2070 or alternatively text “NCDV” to 60777.
Lincolnshire Police: 101 or 999 in an emergency