I am being harassed, and I am not sure what to do next – what options are open to me?
Family Law
Non-Molestation Orders
Non-Molestation Orders are made under the Family Law Act 1996. They are designed to protect an individual from harassment, threats, violence or other forms of abuse.
In applications of this nature, the person making the application is known as the Applicant and the person responding is the Respondent.
A Non-Molestation Order can only be made to protect a person associated with the Applicant (e.g. a current or former partner, family member, or someone they live or have lived with) or a relevant child.
The Court has a wide discretion when deciding whether to grant or refuse an Order. It will consider all the circumstances, with particular focus on securing the health, safety and wellbeing of the Applicant. There must be evidence of ongoing or recent molestation, and the Applicant must demonstrate a need for protection. Health includes both physical and mental health. Molestation can include physical, sexual, psychological abuse or harassment that has a serious impact on the Applicant’s wellbeing. The Judge must be satisfied that Court intervention is necessary to control the Respondent’s behaviour.
Breaching a Non-Molestation Order without reasonable excuse is a criminal offence.
Without Notice Hearing
In most cases, the Respondent will be given notice of the application and both parties will attend a Hearing to make representations. However, where there is a risk of significant harm if an Order is not made immediately, the Applicant may apply for a without notice Non-Molestation Order. In these circumstances only the Applicant attends the initial Hearing. If the Judge grants the Order, a further Hearing (known as a Return Hearing) will be listed. The Respondent will then be given notice and an opportunity to respond.
Responding to a Non-Molestation Order
The Respondent must complete Form FL435 (Response to a Non-Molestation Order) promptly, indicating whether they agree or disagree with the Applicant’s Statement. The completed form must be sent to both the Court and the Applicant at least 5 days before the Hearing.
Return Hearing
At the Return Hearing the Judge may:
- Continue the Non-Molestation Order for a set period.
- Discharge the Non-Molestation Order.
- Continue the Non-Molestation Order and request further evidence.
- Accept an undertaking instead of a Non-Molestation Order.
- Order cross-undertakings from both parties.
An undertaking is a formal promise to the Court. Breach of an undertaking is contempt of Court and can result in enforcement proceedings, though it is not a criminal offence.
Undertakings may be given by one or both parties and can avoid the need for a full trial. Importantly, giving an undertaking does not involve an admission of guilt. The Court will not accept an undertaking where it considers that violence has been used or threatened and that a protective Order is necessary.
Special Measures
A party can apply for special measures at Hearings e.g. separate waiting areas and screens.
Duration of Order
Non-Molestation Orders are typically made for 6 or 12 months, unless there are exceptional circumstances.
Costs
The Court has discretion when it comes to costs. There is a risk that the unsuccessful party may be ordered to pay the other party’s costs. Even where a party is successful, any Costs Order will depend on the parties’ respective financial circumstances.
If you need any assistance with a Family Law matter, please do not hesitate to contact our experienced Family Team at Mayo Wynne Baxter on 0800 84 94 101. Our specialist team can advise you as to the best possible ways to resolve matters.