Protection Order Inquiry
The client has sought assistance regarding a legal matter involving a non-molestation order or injunction concerning their daughter and her partner. The issue is ongoing, with current police involvement. The incidents have occurred at the daughter's educational institution and over the phone. The client wishes to obtain an order applicable to both parties involved in the situation. Further details about the circumstances are required to tailor appropriate legal advice.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps do I need to take to apply for a non-molestation order for my daughter?
To apply for a non-molestation order for your daughter, you'll need to fill out Form FL401, available from the family court or the associated government service website. Submit the completed form with a witness statement detailing the abuse or harassment. If immediate protection is necessary, request an ex parte order for quicker action. Consider legal advice from a solicitor, especially if the case involves complex issues. Legal aid may be available to cover costs if you meet eligibility criteria. Upon submission, the court will set a hearing date to review the application and decide on granting the order.
How long does it typically take for a non-molestation order to be granted?
The time it takes for a non-molestation order to be granted can vary, but in urgent cases, the courts can issue an order on the same day or within a few days. This is often done on an 'ex parte' basis, meaning the respondent is not present. Typically, a court hearing will be scheduled within 14 days to allow the respondent to present their side. For non-urgent applications, the process might take a few weeks, depending on the court's schedule and the specifics of the case. It's important to act swiftly and ensure all necessary documentation is prepared to avoid delays.
What evidence or documentation will I need to provide to support the application for an injunction?
To support an application for a non-molestation order, you'll need evidence demonstrating harassment, threats, or any form of abuse. This may include:
- Statements: Written accounts from your daughter detailing incidents, including dates, times, and locations.
- Police Reports: Any documentation or case numbers from police involvement.
- Witness Statements: Testimonies from individuals who have observed or are aware of the incidents.
- Digital Evidence: Text messages, emails or call logs showing harassment or threats.
- Medical Records: If applicable, records indicating physical harm or emotional distress.
Gathering comprehensive evidence will strengthen the application and illustrate the necessity of the order.
Are there any potential consequences or implications of obtaining a non-molestation order?
Obtaining a non-molestation order can have significant implications. It is a legal order that prohibits an individual from behaving in a manner that is abusive or threatening, and breaching this order is a criminal offence which can lead to arrest and potential imprisonment. This can alter the dynamics between the involved parties, possibly escalating tensions if not managed carefully. The order might also impact any ongoing or future proceedings related to child arrangements or contact, as it's considered in family court decisions.
Can a non-molestation order include restrictions on communication or contact over the phone?
Yes, a non-molestation order can include restrictions on communication or contact over the phone. Such orders are designed to prevent harassment or intimidation, and can cover various forms of communication, including phone calls, texts, and social media. The court can tailor the order to the specific circumstances of the case to ensure that the protected person, in this instance your daughter, is shielded from unwanted contact.
