Non Molestation Orders – referred to as Non Mol.
It is free to apply to a court for a Non Molestation order, unless you use the services of a solicitor (please refer to our list of legal aid solicitors)
Non Molestation orders are typically issued to prohibit a perpetrator from using or threatening physical violence, intimidating, harassing, pestering or communicating with you. An order could prevent a perpetrator coming within a certain distance of you, your home address or even attending your place of work. It could also include your children in certain circumstances. An order will also prevent a perpetrator from instructing or encouraging others to carry out abusive behavior on their behalf . (National Center of Domestic Violence website) https://www.ncdv.org.uk/non-molestation-order/
Non Molestation orders are granted at Magistrates courts. They are usually granted for a period of 6 to 12 months in certain circumstances, sometimes longer and they can be extended if they need to be.
There does not need to be any criminal proceedings in progress or charges made against a perpetrator to have a Non Molestation order put into place.
If an order is breached the maximum sentence through criminal courts is five years’ imprisonment and a fine; via the family court it is imprisonment of up to two years, a suspended sentence or fines.
This is a link on how to apply for a Non Molestation order https://www.gov.uk/injunction-domestic-violence (No quick exit button on site)
This is an example of what an application for a non-molestation order looks like https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/954473/fl401-eng.pdf ( no quick exit button on site)
This link explains who you can get non molestation order against, how to apply and the process of applying. https://www.gov.uk/injunction-domestic-violence/eligibility-non-molestation (No quick exit button on site)
The National Centre of Domestic Abuse explains non molestation order`s and what happens if they are breached here: https://www.ncdv.org.uk/non-molestation-order/ (No quick exit Button on site)
Restraining Orders –
Restraining orders are usually granted during criminal proceedings within Criminal Court. Restraining orders can still be granted if a case is acquitted or a perpetrator is found not guilty.
This link from the CPS explains Restraining orders post Conviction and in the instance of an acquittal of the case https://www.cps.gov.uk/legal-guidance/restraining-orders-section-5-protection-harassment-act-1997 (no quick exit button on page)
Information on Restraining Order – Sentencing Council https://www.sentencingcouncil.org.uk/explanatory-material/magistrates-court/item/ancillary-orders/21-restraining-orders/ (no quick exit button on page)
Information on Restraining Order – Wikipedia https://en.wikipedia.org/wiki/Restraining_order (no quick exit button on page)
What happens if a restraining order is breached?
If the perpetrator breaches any of the terms within their restraining you should call the police. Once the police have been made aware of any breaches made against the order, they will investigate and bring charges where they are able to.
Domestic Abuse Protection Notice and Domestic Abuse Protection Order – (DAPN and DAPO)
Domestic Abuse Protection Orders and Notices are requested by the police to offer immediate protection.
The police have 48 hours from a DAPN being issued to apply to court for a DAPO to be put in place.
Police can issue the notice or order without the survivors consent if they deem it necessary to protect a survivor.
No arrest, charges or conviction need to have happened for a notice or order to be put in place.
The lengths of the order will vary depending on the circumstances.
Survivors themselves or third parties (proffesionals working with a survivor) can also request a DAPO to be put in place through a magistrates court, there is no fee to do this.
In addition the orders are recognised and can be issued within Criminal, family or civil courts. Judges have the discretion to put an order in place during proceedings.
Breach of an DAPN or DAPO is an arrestable office sanctioning up to 5years in prison, a community order or a fine depending on the severity of the breach.
This link from Gov.uk explains how the above orders can be put in place and how they work.
https://www.gov.uk/government/publications/domestic-abuse-bill-2020-factsheets/domestic-abuse-protection-notices-orders-factsheet (no quick exit button on page)
This link from Gov.uk is full guidance of DAPNs DAPOs
https://www.gov.uk/government/publications/domestic-violence-protection-orders/domestic-violence-protection-notices-dvpns-and-domestic-violence-protection-orders-dvpos-guidance-sections-24-33-crime-and-security-act-2010 (no quick exit button pages)
This link shows and overview of the processes followed for DAPN and DAPO to be put in place by police
https://www.gov.uk/government/publications/domestic-violence-protection-orders/domestic-violence-protection-notices-dvpns-and-domestic-violence-protection-orders-dvpos-guidance-sections-24-33-crime-and-security-act-2010#the-dvpn–dvpo-process (no quick exit button on page)
This link also explain police powers and processes around DAPN and DAPO orders
https://www.app.college.police.uk/app-content/major-investigation-and-public-protection/domestic-abuse/arrest-and-other-positive-approaches/domestic-violence-protection-notices-and-domestic-violence-protection-orders/ (no quick exit button on page)
This link from CommuintyCare also explains DAPN and DAPO`s
https://www.communitycare.co.uk/2018/11/15/domestic-violence-protection-notices-orders-social-workers-need-know/ (no quick exit button on page)