Non-Molestation Order (Non Mol)
What is an injunction?
Someone may apply for an ‘injunction’ if they have been a domestic abuse victim.
There are two types of injunction orders:
Non-Molestation Orders – these protect your child or you (or both) from being threatened or even hurt by the abuser
Occupation Order – these determine who may reside in the family home or enter the nearby and surrounding area
If the individual named in the injunction breaks the order, they can be arrested. This page contains details for applying for a Non-Molestation Order.
How can I apply for an injunction order?
1) One can apply for an injunction order Online using the appropriate form.
2) Alternatively if you intend to apply for an injunction by post or email you are required to check if you are eligible to be able to apply for a non-molestation order (detailed further below in this page).
3) With the correct form, FL401, you must write a witness statement order telling the court what has happened and ask for the relevant order. You must also write a statement of truth and sign and date this.
4) You can use form C8 if you wish to keep your address and number private.
5) Make two copies, then email or post these documents to a nearby court which deals with domestic abuse cases.
6) There will then be a court hearing – either by phone call, due to Covid-19, or face-to-face.
How can I apply for an emergency order?
In the circumstance that you need protection immediately, you must detail so in your application and ask for an emergency order.
It is not necessary to tell the other party that you’re applying against – which is why such orders are known as ‘without notice’ or ‘ex-parte’ orders.
After your application, the court will hold a hearing which you are required to attend – the order may be made at this hearing. Once the order is issued, you must inform the other party.
Can I apply for an injunction order if I am under 18?
Someone under sixteen wishing to apply for an injunction is required to get permission from the High Court first.
If you are sixteen or seventeen, you have to appoint a litigation friend to represent you in court – your litigation friend must be 18+. Court Help Limited can be your Litigation friend. Call Us or Email Us here.
What should I do after my application?
After you have applied for an injunction you have to arrange for the other party to be made aware of the application – do not do this yourself.
A notice of proceedings will also be given to you, informing you of the date of the court hearing.
Are I eligible to apply for a Non-Molestation Order?
You are eligible for a Non-Molestation order if you are a victim of domestic abuse, and the respondent or the other party is at least one of the following:
Someone you have had or are currently having a relationship with
A close family member, e.g. parent, sibling, uncle, aunt
Someone you are living with or have lived with
Those who’ve had Parental Responsibility for your Child / Grandchild
You can also apply if you have a child/grandchild and the respondent is someone you share parental responsibility with or the parent of your child/grandchild.
In the circumstance of your grandchild/child having been adopted, you can apply for an injunction against:
Anyone who has applied to adopt your child/grandchild
Their adoptive parent or someone, the child, is placed with for adoption.
What is an 'On Paper' order?
In the circumstance that
You are in self-isolation due to Covid-19
You live with the other party (who you are filing the injunction order against)
The Judge may make a decision without a hearing – this can also be called an ‘on paper’ order.
After the hearing
You need to plan for the order to be ‘served’ to the other party / respondent (the person you are filing the injunction order against).
This means you must make sure they receive a copy of the order in person – do not give them a copy of the order yourself.
At Court Help Limited we can help you with through the whole process and help you file your applications.