Domestic abuse: how to obtain a non-molestation order
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No one has the right to harm another person; whether they are family, relatives, spouses, partners, unmarried partners, children, or someone unrelated. Domestic abuse by definition involves family, married couples, couples living together, children, and other people who may be living in your home.
If you have been the victim of violence or threats of violence, whether verbal or physical, then you may be entitled to apply to the court for an order to prevent any further violent incidents. This order is called a Non-Molestation Order.
It orders the party abusing you to no longer harm you. In instances of extreme abuse, this order should be coupled with the Occupation Order. The Occupation Order will remove the violent party from your home. If you are being abused, it is crucial that you to apply for the Non-Molestation Order and/or Occupation Order immediately.
If you delay, this domestic abuse could become an issue in the court proceedings. Any delay between threats, actual violence, intimidation, harassment or pestering that occurs could mean the Court is unwilling to grant the Order. It is often dependent upon the period of delay and the reason you provided for the delay. The order can last up to 6 months before you will need to apply again on the grounds of abuse, threat, or life threatening worries.
Why the Orders are Important
Both orders are designed to protect you from domestic abuse. Our team of solicitors can help you fill out these orders and apply to the court. We can arrange for these protection orders to be put in place. Until there is an order against a person of violence, it is impossible to ban them from returning to your home, following you, or contacting you. You can always call the Police through 999 if you are being abused; however, unless you are willing to file charges that would imprison the person, the police cannot actively prevent the individual from returning to your home or threatening you unless a court order is in place.
What to do while you wait for the Court
It does take time for the court to file the order and agree to it. In the meantime you may feel your life is threatened or that possible abuse could continue. If you are worried about your safety or that of your children, you need to find somewhere safe to stay. This does not mean you give up the rights to your home, but simply that you are taking an active step towards protecting yourself and your family.
At Pinnington Law we are fully aware how difficult it is to make the decision to leave an abusive individual. You are often threatened with more violence if you try to leave which leads to low self-confidence. To help you escape from this abusive relationship, we provide links to helpful support sites as well as referrals to advisers who can help you protect your life and that of any children involved.
A safe place to stay can be with relatives, friends, or a women’s refuge (or equivalent place for a male). You can also request emergency accommodation from local authorities to gain entry into a hostel or rent accommodation if you have the funds.
It is important that you choose a place you feel safe, but in some cases you may need to choose a place where the violent person will not be able to find you until longer term solutions such as the Non-Molestation and Occupation Orders are filed by the court.
Our team of expert solicitors will work to ensure you feel safe enough to proceed with the orders. Everything you tell us will be held in complete confidence. We are committed to helping you through this process and will strive to answer any questions you may have as well as keeping you fully updated throughout our services.