A Non-Molestation Injunction and a Restraining Order are protective measures aimed at preventing harassment, abuse, or violence against individuals. While they serve similar purposes, there are differences between the two.
What is a non-molestation order?
A Non-Molestation Injunction is a court order that prohibits a person (the respondent) from engaging in specific behaviours or actions that may cause harm or distress to the applicant. These behaviours typically include physical violence, threats, harassment, or intimidation. A Non-Molestation Injunction is sought by victims of domestic violence perpetrated by an ex-partner or a family member. If the respondent breaches the order, they can be arrested and face legal consequences, including imprisonment.
What is a restraining order?
On the other hand, a Restraining Order is a court order that can be applied in various situations, not solely related to actions undertaken by an ex-partner or a family member. It is broader in scope and can be used to prevent a person from causing harm or nuisance to another individual. Restraining Orders are often sought in cases of harassment, stalking, or any form of behaviour that causes distress or fear. Like a Non-Molestation Injunction, breaching a Restraining Order can result in the respondent’s arrest and imprisonment.
Protective measures:
Regarding eligibility criteria for both protective measures, the specific requirements can vary based on individual circumstances and the discretion of the court. However, there are general considerations:
For a Non-Molestation Injunction, an applicant must demonstrate to the court that they have experienced or are at risk of suffering harm, harassment, or distress from the respondent. This harm can be physical, emotional, or psychological. The applicant must provide evidence supporting their claims, such as witness statements, police reports, or medical records. It is important to note that a Non-Molestation Injunction is sought in situations involving a close relationship, such as marriage, cohabitation, or familial ties.
For a Restraining Order, the applicant must establish that they have reasonable grounds to fear that the respondent may engage in behaviour that could cause harm or distress. This could include harassment, intimidation, violence, or any other actions that negatively affect the applicant’s well-being. The applicant needs to provide evidence to support their concerns, such as witness statements, documentation of incidents, or any relevant communications. The police will often be the primary body involved in obtaining a Restraining Order to protect a complainant, whereas a Non-Molestation Injunction will often be obtained via a Family Solicitor.
Solicitor for Non-Molestation Orders
In both cases, it is advisable to seek legal advice to understand whether you should seek a Non-Molestation Injunction, Restraining Order or other protective Injunction. The Family Team at Bridge McFarland LLP can provide guidance on the necessary evidence, the process of applying for protective measures and the appropriate steps to ensure personal safety.
To speak to us today, please call 0800 987 8800 or fill in this contact form.
