This month, there have been over 1,700 prisoners released early across England and Wales as part of the government’s scheme to ease prison overcrowding. Sadly, something that has been overlooked in the rush to reduce overcrowding is the warning to all victims of crime that their offenders’ release date has changed.
Whilst not all offenders are eligible for early release under this scheme, many may slip through due to the numerous faces of offences under domestic abuse. Whilst those prosecuted for domestic abuse itself are not eligible (Prisoners released early but some victims ‘not warned’ – BBC News), some offences like threats to kill and actual bodily harm are in fact eligible for early release. For many, this will have repercussions of serious concern for theirs and their family’s safety, especially as many will not have been given warning of the change to the release date.
If you are concerned for the safety of yourself and your children following this scheme’s introduction, our expert family solicitors can help you apply for protective orders. Contact AFG LAW’s team today on 01204 377600. We have offices in Bolton, Bury and Stockport, but can also provide support via phone or video call.
In this guide, we will cover what a Non-Molestation Order is, who can apply for one, what the application does, and what will then happen if such an order is granted.
What Is A Non-Molestation Order?
A Non-Molestation Order Is an order that is made to protect an individual from domestic abuse. This is one of the most powerful ways that you can protect yourself and your family from domestic abuse. Whilst the Order is a civil order made in the Family Courts, a breach of this Order is a criminal offence. This order is made in the Family Court and prevents the abuser from ‘molesting’ the applicant.
Molesting in this context refers to the use or threat to use physical violence, intimidating, harassing, pestering or communicating with you (https://www.ncdv.org.uk/non-molestation-order/). The order can be made for the applicant as well as any relevant children.
Who Can Apply?
There is a set criterion in place in order to be eligible to apply for a Non-Molestation Order. In order to apply, you must be ‘associated’ with the person you wish to seek the order against.
The Family Law Act 1996 defines who an applicant will be able to make an Order against, this covers the majority of ‘family relationships’, this includes;
- Someone who you are or have been married to.
- Someone who you are or have been in a civil partnership with.
- Someone who you have Cohabited with whilst in a relationship.
- Someone who you have lived in the same house and aren’t a tenant, lodger, boarder or one of you is the other person’s employee.
- A relative/family member.
- Someone who you have or have had an agreement of marriage with.
- Someone who you have or have had an intimate personal relationship with each other which is or was of significant duration.
- Someone who you have entered into a civil partnership agreement with.
- You have a child together or share, or have shared, parental responsibility for a child.
- You are parties to family proceedings with someone.
What Will A Non-Molestation Order Protect Against?
A Non-Molestation Order will protect against-
- Threats or use of violence.
- Intimidation and harassment.
- The respondent coming within a certain distance of the protected person- this can include zones around your home and workplace.
- Making any contact with the protected person.
How Do I Apply?
Non-Molestation Orders can only be granted by a Judge once an application is made to the Family Court. You must make an application to the Family Court along with a detailed statement, this is a really important document, and our experienced family law solicitors will explain to you what needs to be included to maximise your chances of success in gaining the Order.
Making The Application
Applications can be made with or without notice.
If the order is made with notice, the abuser will be notified of the application before the hearing.
If the order is made without notice, the abuser will not be made aware of the application until it has been granted. Orders will be made without notice when they would be at risk of harm if the abuser was notified before the order was granted, or where there is a risk that the abuser may ‘disappear’ if they were to find out an Order was likely to be made, which would make it harder to serve them with the order.
AFG LAW’s solicitors are able to advise on a case-by-case basis what the best option is and will always discuss making the application on a without notice basis to see if this is the best course of action to ensure your safety.
Non-Molestation Order Proceedings
Once the application has been submitted, you will need to attend court. Support can be put in place to help you to engage in the proceedings and to give the best possible evidence to support your application. Following the first court hearing, the Court will decide to do one or more of the following:
- A Non-Molestation order may be made
- The matter might be listed for an urgent ‘return date’ inviting the Respondent to attend so they can set out their position
- The proceedings might be listed for a final hearing where evidence must be given by both people. Directions might also be given for police disclosure, medical evidence or witness statements from other people who can give evidence to help the court make a decision about whether an order is made.
- Undertakings may be given
What Will Happen Once The Order Is Granted?
Once granted, the order will not come into effect until it has been served on the respondent. This is due to the fact that until the abuser is aware of the order and its conditions, they will not be able to follow it and cannot be charged for breaching it.
Once granted and served, the Order will typically be in effect for 6-12 Months, but the order can be extended if a longer period of protection is needed.
If the Non-Molestation Order is breached by the abuser this is a criminal offence. Breach of this order can result in the abuser being arrested, with a maximum sentence of 5 years and a fine for criminal proceedings and 2 years for civil proceedings.
After the Order is served, if the other individual does something that is prevented by the Order you should ring the police immediately.
Get In Touch
At AFG LAW, our family solicitors regularly support and advise people affected by domestic violence and abuse. We understand that people can find it difficult to talk about what has happened, and that you may be shocked and overwhelmed to have found out your abuser has been released early without warning to you. Our friendly, easy to talk to solicitors have helped hundreds of people over the years and can use their experience to help you deal with this difficult time.
We understand that domestic abuse can happen to anyone regardless of age, background, sex, gender, religion, ethnicity or disability. Our solicitors won’t judge and will just do their best to help you get the support you need.
If you have been affected by the early release dates under the government’s new scheme, or if you generally have concerns over yours and your children’s safety because of an abuser, please get in touch with our Family Law team on familysolicitor@afglaw.co.uk or 01204 377600.