NON-MOLESTATION ORDER

What is a non-molestation order?

A non-molestation order is a special legal order designed to stop a partner or ex-partner from hurting you or your children in any way. Harm is defined as actual or threatened physical violence, harassment or intimidation, and psychological abuse.

What is molestation?

Molestation is a term used in the context of family law and there is no legal definition of what it means. Past examples of what constitutes molestation include acts or threats of violence, searching through a person’s mobile phone without consent, posting photos of a person on social media platforms, etc.

How does a non-molestation order protect me?

A non-molestation order is one of the most powerful pieces of legal protection available to a victim. If the order is breached, it is considered a criminal offence and the offender could be arrested by police and could face up to five years in jail.

Does my partner need to know about my application for Non-Molestation Order?

You can do it without your partner knowing. It is called “ex-parte” because the other party is not heard. This is beneficial because it gives you protection almost immediately. When this happens, the court may order another hearing where the other party is heard. The court will consider any evidence submitted by the other party.

When does a non-molestation order take effect?

We will disclose any information we collect, use or receive if required or permitted by law, such as to comply with a subpoena or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

How long does a non-molestation order last?

A non-molestation order may be issued for a specified period of time or it may be issued for an indefinite period of time.

How do I apply for a non-molestation order?

You can apply on your own, but you will need to complete a form known as FL401. FL401 is a ten-page form including the supporting.

What does the court look for a successful non-molestation application?

There is no guarantee that you will be successful with a non-molestation application. To avoid being denied, you will need to prepare your application thoroughly. The court will look at all the factors involved. This includes ensuring the victim’s health, wellbeing, and safety, as well as the safety of any children involved. It is essential that you carefully prepare your witness statement, and that you focus on the specifics and consequences of your partner’s actions. For your application to succeed, you must show you need protection, and you must have evidence to support your claim.