Non Molestation orders are used to protect someone from harm and carry a power of arrest. They are often issued without notice but have a return date where they can be challenged.Help is always usually needed.
There is not definition under the Family Law Act 1996 however case law has produced some guidelines. Molestation can encompass a wide range of behaviours from violence, threats of violence to nuisance phone and text calls . Case law describes a situation where someone is at least pestering another and there must be degree of harassment that requires court intervention.
s.42(5) FLA 1996 sets out the test for a non – molestation order which outlines that having regard to all the circumstances of the case there is a need to secure the health , safety and wellbeing of the applicant or any relevant child.
Help with a non molestation order may be for either initiating or receiving a Non Molestation order. In both cases they can be very distressing and worrying. It is common when child contact has been stopped that people engage in behaviour which may be classed as molestation.
We can assist you in help with a non molestation order in either applying or responding to a Non-molesation order , please do not feel embarrassed , read about how we can help here just send us a text or make the call for help on 07954790808.
Our fees can be found here .
links to family court procedure rules can be found here https://www.justice.gov.uk/courts/procedure-rules/family/rules_pd_menu