What is a Non-Molestation Order?
A Non-Molestation Order (“NMO”) is a type of protective court order intended to prevent someone from being harmed or harassed by another person. “Molestation” typically covers a wide range of unwanted behaviours including:
Threats or use of violence;
Harassment or intimidation;
Persistent, unwanted communication (calls, texts, emails);
Stalking; and/or
Physical or emotional abuse.
If a court makes a NMO, it usually includes a power of arrest, meaning the police can arrest the respondent if it is alleged that they have breached the order in any way without reasonable excuse.
To apply for a NMO you must be an “associated person”. This includes current or former partners, family members, and others defined under section 62(3) of the Family Law Act 1996.
What does a Non-Molestation Order usually include?
A NMO may prohibit the respondent from:
Using or threatening violence;
Harassing or pestering the applicant;
Communicating with the applicant (directly or indirectly);
Damaging the applicant’s property; and/or
Coming near the applicant’s home or place of work.
The Application Process
When someone applies for a NMO as the applicant, they must submit a statement explaining why the order is necessary. This includes allegations of the behaviour they say amounts to molestation.
In some cases, the applicant may ask for an emergency, or “without notice” order, meaning the respondent isn’t told about the application in advance. This usually happens when there is concern about immediate risk or retaliation. The court may make an order without notice to the respondent where it considers it is just and convenient to do so. This rule is intended to support victims who require immediate protection.
Before granting a NMO, the court must be satisfied that there is evidence of molestation and that the applicant requires protection.
At the first court hearing, the other party (“the respondent”) will have the opportunity to say whether they accept the order (without admitting the allegations), offer undertakings, and/or dispute the allegations and oppose the order. If the respondent accepts the order, the court can make it without making any findings of fact or admissions. This doesn’t mean the court says the allegations are true, just that the order will be made.
Undertakings
Instead of agreeing to a NMO, a respondent may choose to offer undertakings. An undertaking is a formal promise to the court not to engage in certain behaviour. Breach of an undertaking is not a criminal offence however; it is enforceable as a contempt of court punishable by committal proceedings. Undertakings are often in the same terms as an order but are only accepted by a Judge in cases where there is no allegation of serious violence or threat.
Disputing the Application
If the respondent disputes the application, the case will be listed for a contested hearing. Both parties will usually be required to provide witness statements and attend court to give evidence. The judge will then consider the evidence and make an order if they are satisfied the applicant has proved their case on a balance of probabilities. This means the Judge must be satisfied that it was more likely than not the incidents occured. A NMO will not be made if the respondent is successful.
Urgent advice
If you need the protection of a NMO or you have been served with an application for a NMO it can be very harrowing. It is crucial to obtain urgent advice as to how to present your case. In order to build a strong case either in support of a NMO or in opposition to a NMO it is vital to assess the evidence. We can assist and advise you so that you have the best chance of a successful outcome. Please get in touch with the Family Team at Hine Solicitors by email at family@hinesolicitors.com or on 01753 482400.
