Domestic Abuse: How the Family Courts can offer protection
Written by Rhianna Greenley & Chelsea McVicker | Family Team |26 September 2023
Domestic abuse can take many forms and it is not always physical. Various different forms of abuse can be in the form of emotional, psychological, financial or sexual abuse. There are different charitable organisations who are able to support victims of domestic abuse, one organisation being Refuge who offer a free 24/7 helpline to those who need support.
There is never an excuse for domestic abuse. There is no stereotype of a Victim. Anyone can be a victim and it is important that anyone, of any gender or age feels able to reach out if they feel they are in an unsafe environment.
This blog explains how the Family Courts can offer victims of domestic abuse protection through Non-Molestation Orders. Please note that although Family lawyers can offer advice and guidance, if you are at risk of immediate danger you should contact the police on 999 urgently.
Non-Molestation Orders
What is a Non-Molestation Order?
A Non-Molestation Order prohibits a person (the respondent) associated with the applicant from harassing (molesting) them. A non-molestation order could also cover any relevant child. If a Non-Molestation Order is made and breached, it is a criminal offence.
What does Molesting mean?
Molestation is usually seen as a ‘bad’ word but it doesn’t mean what you think it might mean. There is no legal definition for molesting, but it can include acts or threats of violence, continuous unwanted phone calls or text messages or other unwanted and harassing behaviour. Molestation can occur, even if there is no physical harm caused to the victim.
Who can apply for a Non-Molestation Order?
An applicant can apply for a Non-Molestation Order if the respondent (the person molesting) falls within one of the following categories:
They are married or intended to be married to one another;
They are in a civil partnership or intended to be in a civil partnership together;
They are or were cohabitating;
They live or have lived in the same household in a family relationship;
They are relatives (defined as parent, stepparent, child, stepchild, grandparent, grandchild, sibling, uncle, aunt, niece, nephew or first cousin);
They have or have had an intimate personal relationship of significant duration with each other; and
In relation to a child, they either are a parent of the child; or have or have had parental responsibility for the child.
If the respondent does not fall within the above categories, a Non-Molestation Order cannot be applied for.
If you are confused about whether your situation falls into one of the above, it is worth getting advice. It may be that the Police can assist you if the Family Courts cannot.
Application ‘Without Notice’ to the Respondent
The Non-Molestation Order can be applied on a without notice basis, this means that the application is made without informing the respondent. If the Order is granted, the Court will schedule another hearing for the respondent to be given an opportunity to provide their response. If a respondent challenges, the Court can order a contested hearing.
Considerations of the Court
In order to obtain a Non-Molestation Order, the Court must be satisfied that the respondent has acted in a molesting manner, that the applicant needs the protection and on a balance of probabilities the Order is necessary to control the respondent’s behaviour. The individual judge will decide the length of the Order based on the circumstances.
The Court can consider what the respondent is restricted from doing. The Court can also prevent the respondent from attending certain locations, such as a radius around the applicant’s home address, if this is necessary to protect the applicant.
Funding
There have been significant changes to the availability of legal aid for family matters, however it can still be available when dealing with some aspects of family law, if you can prove your status as a victim of domestic violence or if Social Services have concerns about the safety of your children. You also have to meet the financial criteria. Please do get in contact with the Family Department at Nash & Co Solicitors on 01752 827030 if you have any questions about legal aid eligibility.
Further Support
If you require support, you might wish to speak with family members, friends, medical professionals or visit the Refuge website: https://www.nationaldahelpline.org.uk/. If you or your children are at risk of harm, we advise you to contact the police or seek advice from a solicitor.
There are local as well as national services that can support victims. Local services often work closely with the Police, medical professionals and law firms and if you would rather seek support more locally, then please reach out to a professional who will be able to signpost you to your local service.
Next Steps
Reaching out for support can be scary and, at Nash & Co, we do not expect you to know what type of Order you may need. If you feel you might need some legal advice about your current situation or if you would like to be signposted to a local domestic abuse support service, please do reach out to a member of our family law team. You can get in touch with us by calling 01752 827030 or emailing enquiries@nash.co.uk.
