Domestic Abuse

Domestic Abuse

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Domestic Abuse

Those within defined relationships can apply to the Court for a Non-molestation Order to protect themselves and their children from domestic abuse

What is a Non-molestation Order?

(1) In this Part a “non-molestation order” means an order containing either or both of the following provisions —


(a) provision prohibiting a person ( “the respondent”) from molesting another person who is associated with the respondent;


(b) provision prohibiting the respondent from molesting a relevant child.


(2) The court may make a non-molestation order —


(a) if an application for the order has been made (whether in other family proceedings or without any other family proceedings being instituted) by a person who is associated with the respondent; or


(b) if in any family proceedings to which the respondent is a party the court considers that the order should be made for the benefit of any other party to the proceedings or any relevant child even though no such application has been made.

Application without notice

s45 Ex parte (without notice) orders.

(1) The court may, in any case where it considers that it is just and convenient to do so, make an occupation order or a non-molestation order even though the respondent has not been given such notice of the proceedings as would otherwise be required by rules of court.


(2) In determining whether to exercise its powers under subsection (1), the court shall have regard to all the circumstances including —


(a) any risk of significant harm to the applicant or a relevant child, attributable to conduct of the respondent, if the order is not made immediately;


(b) whether it is likely that the applicant will be deterred or prevented from pursuing the application if an order is not made immediately; and


(c) whether there is reason to believe that the respondent is aware of the proceedings but is deliberately evading service and that the applicant or a relevant child will be seriously prejudiced by the delay in effecting substituted service.


(3) If the court makes an order by virtue of subsection (1) it must afford the respondent an opportunity to make representations relating to the order as soon as just and convenient at a full hearing.

What is the penalty for breach?

(1) A person who without reasonable excuse does anything that he is prohibited from doing by a non-molestation order is guilty of an offence.


(2) In the case of a non-molestation order made by virtue of section 45(1), a person can be guilty of an offence under this section only in respect of conduct engaged in at a time when he was aware of the existence of the order.


(3) Where a person is convicted of an offence under this section in respect of any conduct, that conduct is not punishable as a contempt of court.


(4) A person cannot be convicted of an offence under this section in respect of any conduct which has been punished as a contempt of court.


(5) A person guilty of an offence under this section is liable —


(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both;


(b) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both.

What do I do if I am the Respondent?

List of Services

"Will I get Legal Aid?"

Legal Aid will be available, dependant upon means for those seeking protective orders in circumstances of domestic abuse.

Legal Aid is ordinarily not available for those defending applications.

Contact Us

Contact Us

Contact Breslin Solicitors

First Floor, 1 Wilton Street, 
Bradford, BD5 0AX
07595972323
mail@breslin-solicitors.co.uk
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