Non-Molestation Order

5 JULY 2022 12:30

Q. My partner of one year and I split up a few months ago. Since we separated, he hasn't left me alone. He bombards me with messages and phonecalls. If I block him, he uses another number. I am at a loss as to what to do next as I don't really want to involve the Police but I think I need a Restraining Order.

 

A – Firstly, you should always consider utilising the police. Their purpose is to protect you so if you feel intimidated, harassed or otherwise abused, you should feel able to contact them. They don’t necessarily need to arrest your former partner, they must just offer ‘words of advice’ or give a warning, which may be sufficient to make your former partner stop what he is doing.

 

If the above doesn’t work or you don’t feel comfortable contacting the police, then you should consider making an application for a Non-Molestation Order at the Family Court, which is a civil, protective injunction that will provide that the Respondent (your former partner) will usually be prohibited from contacting you, approaching you, causing you harassment, alarm or distress or coming to your property, amongst other protections. It is very similar to a restraining order.

 

You were cohabitants so you are able to satisfy that you and the Respondent are an ‘associated persons’ as per the Family Law Act 1996. You will also need to satisfy the necessity and balance of harm test to help justify the Court imposing such an order upon the Respondent because it is so restrictive in nature. Usually, a detailed Statement would be required, outlining all the adverse behaviour you have been subjected to. Once an application and supporting statement has been lodged with the Court, the Court will list the matter for a hearing. At this Hearing, the Court will consider the evidence to date and decide whether further evidence is needed – if the Respondent wishes to contest the making of the Order. An interim order may be made in the meantime for your protection, while all outstanding evidence is gathered – which may include further statements, witness statements, screenshots/recordings, police disclosure.  

 

If a Non-Molestation Order is granted, breach of the same will be a criminal offence and the Respondent may be arrested.

 

It is important that you seek legal advice in respect of your issue at your first opportunity because any delay in applying for the Non-Molestation Order may mean that you have difficulty in satisfying the above tests – particularly if the behaviour which is causing you harm ceases.

 

If you require any help or advice in relation to a non-molestation or other family law matters, please call us on 01554 755101 or email us at contactus@gomerwilliams.co.uk to arrange a free 30-minute appointment with our experienced Family Law Team. We now also offer family services in both our Llanelli and Swansea office. 

 

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