What is a Non-Molestation Order and do I need one?

What is a Non-Molestation Order?

A Non-Molestation Order (‘NMO’) is a Civil Court Order which can protect and prevent an individual from harassment, abuse, violence, or threats.

A NMO can protect a victim, and any relevant children, from being harassed by the respondent and can prohibit certain conduct such as abusive text messages, phone calls, and social media activity.

A NMO usually lasts between 3 months and 1 year, however, in serious circumstances, they can be made for longer. A benefit of a NMO is that a breach of the Order is a criminal and arrestable offence, meaning that the Police can assist in upholding the Order.

What is the criteria for a Non-Molestation Order?

You must be an ‘associated person’, meaning that you must be associated with the individual by virtue of being cohabitees, married, a blood relation, in an intimate relationship, or a familial relationship and living in the same house.

For a NMO to be made, the Court must deem that the Respondent is actively molesting you. Therefore, the last incident must have occurred, approximately, within the last three weeks of the date of your application.

Then, the most important part, is that you must need protection, from the Court, against the individual.

When is a Non-Molestation Order appropriate?

Clients may be aware of the protection that a NMO can provide them, however, many individuals are not aware of what it takes to acquire one and what affect it might have.

When issuing proceedings against an individual for a NMO, it is likely that you will be need to face the Respondent in Court at a hearing. Whether this is in person, behind a privacy screen, or via a computer and video link, you will be most likely be required to attend court when your case is made.

If the individual that you seek protection from has previously ignored Police cautions or other warnings regarding their behaviour against you, it may be worth considering whether you believe a NMO will have any affect against their behaviour. It may be that you require more serious assistance from services such as the Police.

Additionally, there are also contrasting circumstances in which a warning from the police or a warning letter from a solicitor may cease the molesting behaviour, providing you with a similar outcome as a NMO, without the need for you to apply for one.

Why choose Bromleys?

Our team of family solicitors will assess all angles of your case to determine what course of action will lead to the most positive outcome for all parties. We can write the Respondent a warning letter to discourage them from continuing their behaviour, and can advise you on obtaining a NMO.

We can support you with a vast range of family law issues including arrangements for children, divorce and separation, domestic abuse, name changes and Social Services involvement with your family. We understanding that involving a solicitor in your personal family affairs may sometimes feel like a difficult thing to do, but our confidential, sensitive, and un-biased approach will allow you to feel fully supported, no matter your situation.

You can call us on 0161 330 6821 or make an enquiry directly with our Family and Divorce Team: Get in touch with Hannah Bunyan via email hbunyan@bromleys.co.uk