Friday, 24th of January 2025
Contents:
What is a Non-Molestation Order (NMO)?
What is a Non-Molestation Order? How do Non-Molestation Orders work?
Non-Molestation Orders (NMO’s) are civil law orders brought into force by Section 42 of the Family Law Act 1996. Their aim is to protect individuals from abuse or harassment by preventing the respondent (the person who the order is made against) from contacting or approaching the protected person (the applicant). The protected person can be the applicant of the NMO or any child involved or both. The court typically issues these orders where there is risk of significant harm in the form of harassment, violence, threats, intimidations, abuse and/or unwanted or persistent contact either direct, indirect or online.
You can apply for a NMO if you want to prevent the respondent from doing any of the above to you or from coming near you, from coming into your home or near your home, coming into your place of work or near your place or work, from contacting you.
Are Non-Molestation Orders legally binding?
Yes, very. NMO’s are legally binding. This means that all parties to a NMO are bound by its terms. If either or both parties break the terms of the order, the opposing party can report the breach to either the police or the court directly.
A breach of a court order is called contempt of court, which is a criminal offence for which you can receive a fine, a caution or a custodial sentence of up to five years in prison.
How effective are Non Molestation Orders?
NMO’s are very effective. A NMO is a court order which prevents the respondent (the person who the order is made against) from doing certain things to the applicant or the applicant’s possessions and to any child involved (if the applicant applies for the NMO to protect a child also, although this is not always the case).
If someone breaches the Non-Molestation Order, there is a risk they will be found to be in contempt of the court.
Do Non-Molestation Orders come up on DBS Checks?
Family law orders are civil orders (not criminal), which means that they do not show up on criminal records or DBS checks, although they may on occasion come up on advanced DBS checks.
It is very important to consider that although NMO’s are civil orders, if you breach them (break or go against any of the terms written in the order) that breach then becomes a criminal offence, which would turn up on a DBS. A breach of a court order is known as contempt of court for which you can receive a fine, a community order or up to five years in prison.
Are Non-Molestation Orders public?
Non-Molestation Orders (NMO’s) are not public; they are private matters. NMO’s are family law orders which are private orders. NMO’s do not show up on criminal records or DBS checks, although they may on occasion come up on advanced DBS checks. Because the breach of a NMO (the breaking or going against the terms of the NMO) is a criminal offence, the police can be made aware of the NMO if a report of a breach has been made to them. Otherwise, the only bodies or people who will know about the NMO are the court, you, the respondent, the children involved (if there are any subject to the proceedings) and either your or the other party’s legal representatives. Reporters and members of the public are not allowed in the court room or to be informed of the case.
If you require a specific member of the public to accompany you in the hearing, you can ask for the court’s permission however, this is only granted in cases where a party to the proceedings requests the support of a McKenzie Friend or a translator.
Who issues Non-Molestation Orders?
The family courts in England and Wales issue Non-Molestation Orders; within them the presiding District Judge is the one who issues the Order.
In certain cases, if a District Judge is unavailable or the family court in your area is overwhelmed with cases, a Tribunal Judge or Magistrates may be given the right to preside upon your case and make the decision as to whether or not an NMO should be issued.
Who serves Non-Molestation Orders?
A NMO will likely be served upon the respondent by a Process Server. This is a specialised service used for the act of serving (delivering) a court order upon a person at either their residence or whichever address is given for them to the court. If no address is given, perhaps it is unknown to the applicant, then the court can email or text the NMO to the respondent.
Other people or services who can serve NMO’s are bailiffs, the police or solicitors. For more information about what happens when you have been served with a Non-Molestation Order please read this article.
Non molestation Orders are done under what laws?
The leading statute (piece of law) governing Non-Molestation Orders (NMO’s) is the Family Law Act (FLA) 1996, particularly sections 42 to 49 of the Act. This falls under family law and is the statute used by judges and lawyers when deciding upon NMO’s in and out of court. The applications for NMO’s whether you are applying to have one granted, set aside, varied or extended are all governed by the Family Law Act (FLA) 1996.
Are Non-Molestation Orders free?
Applying for a Non-Molestation Orders is free. What this means is that when you are making an application for one, you do not have to pay a court fee for the making of the application or for the court to hear your case. If you are the respondent and are thinking of applying to have the NMO set aside or varied, this is also free. If you submit any statements along with your application concerning an NMO, this is also free of charge.
However, if you hire a solicitor, barrister or any other legal practitioner such as a paralegal to help you, you will likely need to pay for their service unless you have been granted legal aid. You do not need a legal professional with you, you can represent yourself; for this you will be known as a litigant in person (LIP). If you want more information on defending a Non-Molestation Order, please click here.
Are Non-Molestation Orders easy to get?
Non-Molestation Orders (NMO’s) are easy to apply for. The process of applying for one is relatively straightforward and free of cost. Once the court receives your application for a NMO (and accompanying statement if you have written one), the presiding judge will consider whether they have enough grounds and or evidence to grant you an interim (temporary) NMO until a hearing is scheduled.
In this hearing it will be decided whether a final order is to be made, whether no order is to be made (the NMO application will be discharged), whether a further hearing is needed or whether an undertaking is to be taken. Ultimately, it is the judges decision whether he or she will grant the applicant a NMO. NMO’s are made when the judge believes that there is a risk of significant harm to the applicant and any child involved based on the information and/or evidence presented.
How long do Non-Molestation Orders last?
The court can make Non-Molestation Orders (NMO’s) to last for anywhere between three, six or twelve months. In exceptional circumstances, the court can make longer NMO’s.
Parties to a NMO can apply to have the NMO extended if it is expiring. You should make this application no later than one month before the NMO is due to expire. You can do this by filling out an application and sending it either digitally or via paper copy to the court.
How long does a Non-Molestation Order Court Case take?
From start to finish Non-Molestation Order (NMO) cases can take anywhere between a few weeks to a few months, to even a few years to conclude. Do not let this deter you from applying for one though.
This question can be answered in three different ways: depending on whether the Non-Molestation Order application is made ex parte, with notice and then if the applicant applies for the Non Molestation Order (if made) to be extended once it is due to expire.
Firstly, if you make an application for an ex-parte (without notice) NMO then it will be heard urgently, typically within a few days. However, it may take longer depending on the location and availability of your local family court. If you are granted an ex-parte NMO then it is active interim (temporarily) from either the day of the hearing or from as soon as the respondent is made aware of the order. This will be an interim (temporary) NMO meaning that it is still legally binding until a further hearing is listed. In this second hearing, the respondent will be made aware of the proceedings and will be invited to attend. The judge will either grant the NMO and make a final order or the judge will set aside (discharge) the order if they believe that there aren’t substantial grounds to grant one. The parties may also decide upon an undertaking which is a voluntary promise to behave in a certain way. The judge may also schedule another hearing to take place if they believe they do not have all the information and evidence required to make a final decision just yet. In that case, an interim NMO will likely still be in place to protect the applicant, which both parties have to abide by as if it was a final order. This second hearing can be scheduled for the next available date which can be either a few days, a few weeks or a few months away. Again, this depends on the location and availability of your local family court.
Secondly, if you apply for a ‘with notice’ NMO, which means that the respondent is given notice that you have made an application to the court, the first hearing will be scheduled at the next available date. Until then, the presiding judge who will consider your initial application will either make an interim order without either of you present and without a hearing, to be in effect just until the first hearing. This is a temporary measure and can be discharged at the hearing if there aren’t substantial grounds for one. The judge may in the meantime make no order at all until the case is heard. The process will then be the same as described above where both parties will be instructed to attend the first hearing and the judge will either grant the NMO and make a final order, or the judge will set aside (discharge) the order if they believe that there aren’t substantial grounds to grant one, or the judge may schedule a further hearing if they need more information. Further hearing's could involve further information gathering for the judge, including drug and alcohol tests.
Therefore, thirdly, the reason a NMO case can sometimes take years is if one or more parties apply to extend the NMO before it expires. This would likely incur a further hearing in court which will take more time. This will also be the case if one or both parties apply (using the same application) to vary the existing NMO (make changes to an existing NMO). For more in-depth information about NMO Extensions please click this link
How to apply for Non-Molestation Orders UK
To apply for a NMO you have to fill out the appropriate application form either online or on paper, which once completed, you send to the family court in your area either digitally, in-person or by post. It will strengthen your case if you write a position statement to submit with your application also. The application form will ask you information about yourself, about the respondent (the person you are applying for the order against) and about what it is that you want the court to stop the respondent from doing.
The application form will also ask you whether you want this order to be made ex-parte (without giving notice to the respondent which is done in cases where the risk of harm to the applicant is significant) or whether you are happy for notice to be given. Once this is submitted to the court, the court will get back to you as to whether or not your application has been granted ex-parte or whether the court believes there is no sufficient reason as to why notice should not be given.
In this case, your application for an NMO will still be heard but the respondent will be given notice of proceedings. In either case you will receive communication from the court as to whether a hearing will be given, how (remote or in-person) and on which date. You will then have to attend the hearing listed where you will have the opportunity to tell the judge your position and find out whether an order will be made and if any further hearings will be scheduled. It is uncommon practice to receive a final order at the first hearing so expect to have more than one day in court.
Non-Molestation Orders Guidance
If you want to apply for a Non-Molestation Order (NMO) then you need to do so by filling out and submitting an application form to the family/civil court in your area. It is also highly suggested that you write an accompanying statement to go with your application explaining to the court why it is that you are applying for an NMO and why they should grant you one. The making and submitting of this application and supporting statement to the court does not come with a cost. Drafting a statement for a Non-Molestation can be tricky if you don’t know Family Law. You can find, complete and submit your application to the court directly online or you can do so in-person or by post with three physical copies, one for the judge, one for the other party and one for you.
If you want to enlist the support of a solicitor to help you, then this will likely cost you. Our company, Court Help Limited has paralegals trained specifically in Family Law who can draft statements for you and have regular conference calls at much cheaper costs that solicitors, while still providing great quality of support. If you need help, please contact us using the contact forms at the top or bottom of all pages to.
There are two types of NMO’s you can apply for. You can either apply for an ex-parte NMO (this is the same as without notice meaning that the respondent does not need to be notified that you have applied for a NMO and that the first hearing took place). This can be done when the risk of harm to the applicant is so significant that a NMO needs to be put in place urgently. Secondly, you can apply for a ‘with notice’ NMO, which means that the respondent is given notice that you have made an application to the court and will be given notice to attend the hearing.
If the court hears your case ex-parte (without the respondent present) and grants an interim (temporary) order, the respondent will at that be served with the order. A further hearing will likely be scheduled where the respondent will be given the opportunity to speak. If you have made a ‘with notice’ NMO application, then the court will notify both parties of a scheduled hearing. It can be that the court will grant an interim (temporary) NMO to be adhered to until the date of the next hearing. Whether the NMO is made ex-parte or not, the respondent has the right to apply to have the NMO set aside or varied if they do not agree with the allegations made. Both parties have the right to present their applications and statements at the hearing. The judge will then decide whether to make a final order, whether to set aside (discharge) the NMO or whether a further hearing is needed. The parties can also agree upon an undertaking in which a NMO will not be made, and in which the respondent can specify that they do not agree with any of the allegations. An undertaking is a voluntary promise made to the court by the parties to behave in a certain way. An undertaking is still legally binding. For the information about the impact of ex-parte NMO’s, please click the this link.
How does the paperwork for Non-Molestation Orders work?
The governing legislation in England and Wales concerning Non-Molestation Orders (NMO’s) is Sections 42 of the Family Law Act (FLA) 1996. You can apply for a NMO by filling out the relevant application form either online or by printing out a copy and filling it out on paper. Your application will then need to be submitted to your local family court either digitally, in-person or by post. If you are the respondent (the person who the NMO has been made against), you can also apply either digitally, in-person or by post to have the NMO set aside (discharged) or varied.
Whether you are the applicant or the respondent, it is suggested that you accompany your application with a statement setting out your reasons for application, what you want the court to do, along with a brief history of your relationship with the other party and history of abuse. If you are the respondent, you would include the same information in your statement however, you may instead attempt to disprove or debase the allegations made against you by the applicant if you do not agree with them.
Additionally, if you are the respondent in NMO proceedings, you can also apply for your own NMO by submitting a cross-application to the court if you believe that you are also at risk of harm.
We, Court Help Limited, are a firm of paralegals specialised in Family Law. We can help you both apply, defend or cross-apply for a Non-Molestation Order. We can assist you by drafting your application, as well as regular conference calls guiding you through this difficult process. Please contact us using the contact forms at the top and bottom of all pages on our website.
Case Law Surrounding Manjra vs Shekh
Non-Molestation Orders are governed by the Family Law Act (FLA) 1996, namely Sections 42 to 49 of the FLA. The FLA is a statute, which means it’s an Act (a piece of law) passed by the government. There is also plenty of case law in the area of Non-Molestation Orders. Case law differs from statute because it is made by the courts in England and Wales instead of the government.
Case law is equally legally and procedurally binding and is equally applicable to judges when they are deciding a Non-Molestation Order case in court. A significant piece of case law in the area of NMO’s is that of Manjra v Shaikh [2020] EWHC 1805 (Fam) which was decided by the Court of Appeal. Cases decided in the Court of Appeal hold legal precedent over the lower courts, which means that any of the decisions made in the Court of Appeal have to be followed, adhered to and applied by all of the lower courts. In Manjra v Shaikh [2020] EWHC 1805 (Fam) it was decided that an emphasis needs to be placed on the importance of a proper factual basis for granting a final NMO. What this means is that a NMO should not be made without substantial evidence being provided by the applicant to the court to prove their allegations used in their reasoning behind their application for a NMO. The court may still however grant a NMO if they believe that the risk of significant harm to the applicant is particularly high even if no evidence is given. This does not mean that the judge believes that the claims made by the applicant are true, but it does mean that if the judge believes that not granting a NMO for the applicant’s protection places the applicant at a risk of significant harm then the judge will grant it as a protective and preventative measure. For more information about the case of Manjra v Shaikh [2020] EWHC 1805 (Fam) please click this link
Non-Molestation Orders in Northern Ireland
NMO’s exist within the law in Northern Ireland and they are called the same thing however, the process of application and obtainment may differ. The statute which governs them also differs. If you are a resident of Northern Ireland, please reach out to a legal professional in your area for information surrounding NMO’s in Northern Ireland.
Court Help Limited solely practices English and Welsh law, which means that we can only help you if you are a resident of England or Wales. The law in other parts of the UK differs.
This is because Court Help Limited paralegals are specialised and trained in England and Wales Family Law, we do not want to give you any incorrect information or less than perfect service regarding Non-Molestation Orders (NMO’s) if you are a resident of Scotland, Northern Ireland, The Isle of Man or any other Crown Dependency or British overseas territory.
Problems with Non-Molestation Orders
Non-Molestation Orders (NMO’s) are very effective in preventing the respondent from harassing the applicant. One reason why NMO’s are effective is because of the consequences which ensue from breaching one (which can range from a fine, to community service or be as severe as 5 years imprisonment). This is because breaching a NMO, or any other court order, is known as contempt of court, can be a criminal offence.
NMO’s are not faultless however. An issue which often arises is the injustice of inequity of arms. This means that if an applicant claims that domestic violence or abuse has taken place within their relationship, they will be eligible for legal aid, whilst the respondent will not be. If the respondent cannot afford legal representation, they will have to face court unrepresented whilst the applicant has free legal representation. This will be the case even if the allegations of domestic violence are unsubstantiated or later proven to be untrue.
A further issue with NMO’s is that a judge can make a decision to grant one even without any evidence to substantiate the applicant’s allegations. This is because if the judge believes that the applicant and any child involved is at risk of significant harm, then they will grant the NMO for their protection even without necessitating any evidence. This can be seen as unfair by the respondent, who may claim that all or some of the allegations are untrue or fabricated, yet the NMO is made against them. To reiterate, it is the court’s duty to protect the applicant and any child concerned from potential harm. Therefore, even if no harm has yet been inflicted, if there is even a slight risk of significant harm based on the facts raised by the applicant, then the judge will grant this protective order.
Being on the receiving end of an NMO can have a negative impact on the respondent’s emotions and mental health, especially if the allegations made by the applicant are in the respondent’s view untrue or misconstrued. Read more about the misuse of Non-molestation Orders here.
Please Note: This Article is NOT legal advice and should NOT be treated as legal advice.
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