The following content is subject to continuing changes in the Law. Our friendly team of Newcastle Family Lawyers will be able to offer you the latest guidance and advice.
What is a Non-Molestation Order?
It is a civil Order which can prohibit a person from using or threatening violence, communicating with or even entering an address. Molestation can come in all shapes and forms, and a one-size-fits-all approach is not always the case. Luckily, the law recognises the need for such protection and allows for an Order to be made.
Can I apply for a Non-Molestation Order?
To apply for an Order, the law requires that the other party must be an associated person. This can range from ex-partners, cohabitants, previous sexual relations and even relatives.
What is ‘Molestation’?
To afford protection to as many people as possible, the term “molestation” can mean a wide range of behaviour. So, if you are being harassed by your ex-partner or spouse, even where there has been no violence, this may be an Order you should consider. The Judge will assess molestation on a “more likely than not” basis.
How long will the order last?
There is no specific duration. Typically, an Order is granted for 6 months but this can be extended to 12 months if the court thinks it is necessary.
What happens if an order is breached?
Breaching an order is a criminal offence and can result in imprisonment for up to 5 years or a fine.
How do I apply?
A Non-Molestation Order can be obtained by making an Application to the Court, on an emergency basis if necessary.
