Non-molestation orders
A non-molestation order prevents someone from using or threatening violence against you or your children, or from harassing, intimidating or pestering you. It can also stop them contacting you directly or indirectly, including through social media or other people, and from coming within a set distance of your home or workplace. Breaching the order is a criminal offence.
Non-molestation orders at a glance
- A non-molestation order protects you and your children from violence, threats, harassment and unwanted contact.
- You can apply against a spouse, partner, former partner, someone you have lived with, or a relative.
- In urgent cases, an order can be made the same day, without the other person being told first.
- Breaching the order is a criminal offence.
- If an order has been made against you, take advice straight away.
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Specialist Divorce and Family Lawyers
Rushton provides discreet representation for divorce, financial settlements, and arrangements for children. We treat every case with the care it deserves, without losing sight of what actually needs to get done.
When it really matters
Who can apply
You can apply for an order against someone you are “associated” with. This includes a spouse, civil partner or former partner, someone you have lived with, someone you have been in an intimate relationship with, or a relative.
Urgent and without-notice applications
Where you need protection quickly, an application can be made urgently and without notice to the other person, often on the same day. If the court makes an order, it will usually fix a further hearing shortly afterwards, so the other person can respond. We prepare your statement and application, and represent you at both hearings.
Responding to a non-molestation order
If an order has been made against you, it’s important to take advice straight away, as breaching it, even unintentionally, is a criminal offence. We explain exactly what the order prevents you from doing, and advise on whether to contest it at the return hearing or offer an undertaking instead. Where there are arrangements for children, we also advise on how the order affects them.
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Our Team
Our team of specialist family solicitors offer expert advice in proportion to what’s at stake for you. We advise on all areas of family law and bring the same care and high standard to every family we work with.
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FAQs
Yes. The court can make an occupation order requiring them to leave or stay away from the home, after weighing the risk of harm, each person’s housing needs and the children’s welfare. These orders are only made where they’re needed, because they’re a serious step.
Yes. Where waiting could put you or your children at risk, the court can make an order without notice to the other person, often on the same day you apply. The court considers factors such as the risk of significant harm if an order isn’t made immediately, and whether telling the other person first could deter you from going ahead. If an order is made, the court will usually set a further hearing shortly afterwards, so the other person has a chance to respond.
How we work
An experienced family solicitor will run your matter from the first meeting onwards, and you will deal with them directly rather than being passed between members of a team.
Part of their job is to help you decide where your time and money are best spent. In most divorces there are points worth pressing and points that make little difference to the end result, and we will be straightforward with you about which is which.
A lot of matters are resolved through negotiation or mediation, and where that is realistic we will recommend it. Where it is not, because the other side will not engage, or disclosure is incomplete, or the issues are genuinely contested, we will advise you on taking the matter to court and act for you there.
Rushton Family Law is the sister brand of Vardags. If your case involves complex finances or international issues, we will introduce you to the Vardags team.
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