How to prevent domestic abuse with a non-molestation order

Make your voice heard, put a stop to any abuse by legally having a defence in place with a Non-Molestation Order, preventing the offender from being within the radius of you and your property.

Domestic abuse is not a subject anyone wants to discuss, it pulls on heartstrings and raises many questions, whether you believe they will change or the impact it could have on your children. You will have lots of thoughts running through your head, such as, ‘how can you leave, will they follow you, do you report the incident to the police, will your life ever be normal again’. Speaking to a solicitor on the matter will help you establish what can be done.

There was a rise in domestic abuse during to the COVID restrictions due to couples being confined to their homes without any escape, so much so that the government removed the application fee.  It is during the Christmas time when domestic violence is at its worse, as financial burdens can have an impact on relationships causing frustration. Non-molestation orders are not only for partners but can be for family members and co-habitants.

The courts will consider whether the parties have somewhere to stay as they will not want a party to be left homeless. However, if you know the offender has somewhere else to stay, then you can make an application to remove the offender from the property and restrict them from getting close. If an incident occurs and you are in imminent danger, then it is always best to call the police.

It is any young children of the parties who are impacted the most. The safety of the children is paramount, and the courts will take their safety into consideration when granting the injunction order.

Domestic abuse impacts both men and women, you may not think you have any rights, you may believe you cannot afford to leave, and love can be the main factor, but your safety is the main concern. We can provide you advice before any legal proceedings to make sure you are doing the right thing, we can arrange a fixed fee meeting by telephone when you are alone, video chat or a face-to-face meeting at one of our offices where you will feel safe.

We can arrange to have an emergency application for non-molestation and occupation order or injunction proceedings, to prevent the offender from coming within a certain distance of you and children and not have access to come within the facility of your home. The application can be sent to the courts and heard without notice therefore your partner will not be aware of the application until after the first hearing. A successful application means the judge will provide a sealed order, which we will serve on the defendant whether by the court or through a process server. The order means you will be able to call the police and have the offender arrested if they breach the conditions of the order, allowing the police to act immediately.

The Applications can be downloaded from the Government website, however we are here for you, please talk to us to arrange for a fixed fee meeting and we will make sure we can do all we can to legally protect you as Non-molestation are a comprehensive side of Family Law.

Make your voice heard by contacting Franklins Solicitors.

If you feel Franklins might be the right firm to advise you on your legal position, and you would like to enquire about when an initial appointment could be scheduled, contact our Family Law team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk