In circumstances where the Police are not able to assist, a Non-Molestation Order can provide adequate protection which is obtained from the Civil Court.
A Non-Molestation Order can be obtained against a person who has been physically violent or against a person who is harassing, intimidating and/or pestering you. The abuse can include psychological abuse, physical abuse, sexual abuse, financial abuse, and emotional abuse.
The process of obtaining a Non-Molestation Order is often quite simple.
A Non-Molestation Order can be obtained against a person that you are in a relationship with or have been in a relationship or someone that you have lived with, or currently living with. It can also be obtained against a family member.
If you are under 16 years of age a Non-Molestation Order application would need to be made in the High Court.
The Court has the power to make a Non-Molestation Order without notice to the other party when the application is made based on the severity of the circumstances. Once the Non-Molestation Order is made, the other party is required to be personally served. Once service has taken place a copy of the Order is lodged with the Police in the event a breach occurs. Breach of an Order is an arrestable offence with imprisonment. You will be required to inform the Police of any breach.
The Non-Molestation Order prohibits the other party from harassing, pestering, being violent, threatening violence and prohibits the other party from communicating with you. A restriction can be included in the Order preventing the other party from entering your home or coming within 100 metres of your residence. The Non-Molestation Order is usually made for 12 months.
If you are on a low income or are in receipt of Universal Credit you may qualify for legal aid which will allow you to seek representation without incurring any costs.
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