Non-Molestation Orders – what has changed?

Posted: 17 October 2022

Non-Molestation Orders – what has changed?

The process of obtaining a Non-Molestation Order has changed in Chelmsford and Southend. The Family Courts are returning to the pre-covid method whereby without notice applications are made in person.

What is a Non-Molestation Order?

A Non-Molestation Order is a protective injunction that prohibits someone from intimidating, threatening and harassing you. These Orders can only be obtained against someone who is an associated person to you, such as an ex-partner or family member. Sometimes Non-Molestation Orders can also prohibit someone from coming near your home or workplace, or even near your child’s school. Often, Non-Molestation Orders are made without the other person being informed. This is called ‘without notice’. Non-Molestation Orders are usually made in cases involving domestic abuse therefore they have to be made urgently for the safety of the victim.

What has changed?

Previously, Non-Molestation Order applications were made electronically via email. However, from 5^th September 2022, all urgent without notice applications must be made in person at Chelmsford or Southend Family Court, whichever is local to you.

How does it work?

If you are seeking to obtain a Non-Molestation Order, one of our team will help you prepare your application and a supporting statement. Your solicitor will then attend your local Family Court with you to make the application, usually the following morning. It is important to note that you have to be present when the application is made. You will then wait with your solicitor until a Judge has read through your application and calls you into the courtroom. The Judge will then let you know if the Order has been granted or not.

Legal aid is available for those eligible and seeking a Non-Molestation Order but we will need to assess your eligibility before preparing your application. One of our solicitors can provide you with the eligibility criteria and talk you through the requirements. If you are not eligible for legal aid, we can still assist on a privately paying basis.

Sadly, the number of Non-Molestation Orders obtained is rising with over 6,650 Orders obtained in January to March 2020 alone. Our firm understand how difficult it can be to seek help in abusive relationships and we are here to support you through the process. We work closely with FLOWS charity who also offer support for victims of abuse.

If you would like to speak to one of our family solicitors about obtaining a Non-Molestation Order, please call our office on 01245 493 959. Alternatively complete our online form