Advising on abuse in relationships

If you consider that you and/or your children are in danger or in a potentially harmful situation, our team of experts can guide you through what is needed to obtain a Non-Molestation Order from the Court.

A non-molestation order can protect you and/or your child from being harmed or threatened by the person who has abused you.

It can prohibit a wide range of actions such as using or threatening violence, communicating with you by phone, text, e mail or social media or going to, entering or attempting to enter your home or other defined area.

In deciding whether to grant a non-molestation order and on what terms, the Court will consider all the circumstances, including the need to secure the health (physical or mental), safety and well-being of you and your children.

Where an emergency application is made, the Court is usually able to grant an order the same day.

Who can apply?

You can apply if you’re a victim of domestic abuse and the person you want to be protected from is:

• Someone you’re having or have had a relationship with;
• A family member; or
• Someone you’re living or have lived with.

There is a wide category of people against whom you can get an order and we can answer any questions you may have about this if you are unsure.

How long will the order last?

The duration of a Non-Molestation Order is at the discretion of the judge.  It may be made for a specified period or until further order, which could mean practically indefinitely. More commonly, an order will be made for between three months (on the lower end) and one year, depending on the nature of the case.

What if the order is breached?

The person named in the Court order can be arrested if they break it.  We will ensure any order is lodged with your local police so we would advise you to contact them immediately if the order is breached.

Is a court order the only option?

Where the Court has power to make a non-molestation order, it may accept an undertaking from any party to proceedings.   An undertaking is enforceable as a contempt of Court and is punishable by committal proceedings. Breach of an undertaking is not a criminal offence however.

The Court will not accept an undertaking instead of making a Non-Molestation Order where it appears to the Court that the respondent has used or threatened violence against you or your children and for your protection, it is necessary to make a non-molestation order so that any breach may be punishable as a criminal offence.

You may feel that a more therapeutic process would be more suited to your situation.  Whilst ensuring your safety and that of your children at all times, we are able to discuss other ways of resolving any dispute without involving the Court if appropriate.