fbpx
Skip to content
Home » Limitations and Problems with Non-Molestation Orders 

Limitations and Problems with Non-Molestation Orders 

    Limitations_and_Problems_with_Non-Molestation_Orders

    Unwanted attention or threatening, abusive or controlling behaviour from a stranger is a deeply traumatising experience. Such behaviour from someone you know such as a partner, former partner or family member can take this trauma to another level. 

    The impact on your emotional well-being is significant, raising anxiety levels and placing you into a position of constantly heightened alert, which can also erode your physical well-being, as well as chip away at your confidence and self-esteem. You may fear for your safety and for your children’s safety.

    What Does a Non-Molestation Order Do? 

    The application for a non-molestation order and the accompanying Statement, both of which can be prepared by a solicitor, is key to obtaining an Order which can try to prevent this unwanted attention and inappropriate behaviour. A non-molestation order is a protective order specifically put in place to protect you and your children if you are subject to inappropriate, harassing, intimidating, controlling, threatening or violent behaviour from someone with whom you are connected. 

    The ’connected’ element is important and differentiates the non-molestation order from a stalking protection order. A connected person can include a partner or former partner and also some family relationships. 

    How Easy is it to Get a Non-Molestation Order? 

    Unfortunately, there is no guarantee that an application for an order will be successful. In some cases the Court will make the Order without notice to the other party. However the other party has the right to subsequently oppose the Order and sometimes this results in them alleging that you have subjected the to abuse. 

    There are many instances in which abusers have weaponised applications to their own benefit by making counter claims, which is why it is so important to include as much evidence as possible to substantiate your request.clear and obvious trail of evidence that underpins the amount of fear and intimidation you are experiencing, and that exposes any false counter claims instigated as part of the continuing campaign of harassment against you.

    This evidence needs to include: 

    • Clear pictures of any physical injuries to you and/or your children. 
    • Clear pictures of any damage that was done to your property or the physical space you are occupying. 
    • Screenshots of any correspondence, social media messages, texts, emails, and physical paper correspondence. 
    • A detailed record of every incidence of intimidation and threatening behaviour, including the date, time, place, and if there were other people present who could act as witnesses. 

    How Long Do Non-Molestation Orders Last? 

    If granted, a non-molestation order usually last for between six to 12 months. If anything, this gives you a temporary period of relief from the abusive behaviour. The concern, though, is what happens when a non-molestation order expires.

    If you are still experiencing problems when the Order is due to end you can apply for an extension. However, if the abuser has complied with the order, and there has been no breach of the non-molestation order, then the chance of an extension is reduced, leaving you, as the victim, once again feeling vulnerable. 

    What Can Be Classified as a Breach of a Non-Molestation Order? 

    In short, your abuser must have failed to comply with any of the clauses included in the Non-Molestation Order. These can include clauses prohibiting them from, for example: 

    • Contacting you in any way, including email, telephone, in person, or via social media. 
    • Attending your place of work in an attempt to make contact with you. 
    • Harassing, intimidating, or behaving towards you in a violent and threatening way. 

    Making an application may be the final straw for someone who has undergone weeks, months, or even years of harassment and intimidation. It may evoke different feelings of frustration and fear through distancing a father from their children, for example, despite the threat of violence and controlling behaviours. For younger children, particularly, who do not understand the complexities of the situation, there could be an emotional impact that goes beyond the boundaries of a non-molestation order.

    Who Can Apply for a Non-Molestation Order on My Behalf? 

    Affordable Justice works extensively with women who have been subjected to coercive control, threatening behaviour, aggression, intimidation, and harassment, and we help to maximise your chances of being granted a non-molestation order. When we work with women, we ensure that we make a thorough preparation of the documentation. If you are experiencing harassment and would like to talk through your application, please drop us a line and schedule a consultation.