It is important to recognise that in cases where there are bail conditions preventing someone from committing certain acts, it may be necessary to apply for an emergency protective Order. A non-molestation order may offer certain terms which are not included in bail conditions, as bail conditions normally state for no direct and indirect contact. A non-molestation order can seek to include children, and certain other terms, such as no encouragement of third parties for anything which the Respondent is prohibited from doing.
If the date of the expiry of the bail conditions are unknown, it is necessary to apply for a non-molestation order as if the bail conditions are dropped without warning, then no protection is in place. If the bail conditions are getting close to expiring, it would be necessary to seek a non-molestation order at this stage to get this in place prior to the bail conditions ending.
If there are any breaches in bail conditions, it would be at this stage a non-molestation can be sought. Any breaches would need to be reported to the police, and then hopefully the police should intervene. An application to Court for a non-molestation order can be made when there are breaches in bail conditions as it will be argued that protection is needed in the form of a non-molestation order for protection of an individual.
In some cases where there are bail conditions, a non-molestation order cannot be sought if there are no breaches and if there the conditions offer the same as a non-molestation order. If bail conditions are far from expiring then an Order would not be sought as well.
We can help
Our domestic abuse team is able to advise on these cases, and determine whether a non-molestation order can be sought.
Contact our teams across all our offices or call our 24/7 Domestic Abuse helpline on 07739 748 675