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Understanding Non-Molestation Orders in the UK

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Published by:

Abigail Moses

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Reviewed by:

Alistair Vigier

Last Modified: 2023-06-04

Are you looking to get a non-molestation order in the UK? You should speak to a barrister. Get legal advice from a law firm in the United Kingdom. The study of the law requires level-headedness and impartiality.

If one mixes emotions, it’s easy for prejudice to cloud his judgment.

But you see, not all aspects of the law only require pragmatic, matter-of-fact kind of behaviour. When a lawyer deals with kids and victims of abuse, they need to learn how to balance their heads with their hearts.

They need logic and reasoning to fight their client’s oppressors in court, but they should also have the compassion and empathy to deal with their client’s pain and trauma.

Say, for instance, you and you’re five-year-old daughter lives with your boyfriend and the latter has been harassing you non-stop when you told him you wanted to break up.

You moved into your friend’s apartment, but even if you’re done, they keep on threatening you until you agree to move back with him.

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Famous Cases In The Media

Over the years, several high-profile non-molestation order cases have captured the media’s attention in the UK, often involving celebrities or influential public figures. These cases underscore the importance of non-molestation orders in safeguarding individuals from domestic abuse.

The well-publicized legal battle between Amber Heard and Johnny Depp is one such example. In 2016, Heard filed for divorce from Depp, citing claims of domestic abuse. The court granted her a temporary restraining order against Depp, who she alleged had been physically and verbally abusive towards her throughout their relationship.

The case generated intense media scrutiny, with both parties making public statements and counter-claims. Depp eventually agreed to pay Heard $7 million, which she then donated to charity. The non-molestation order was lifted as part of the settlement, and the couple agreed not to make derogatory comments about each other in public.

Temporary non-molestation order

The Katie Price and Kieran Hayler case in 2018 also drew significant attention. Price was granted a temporary non-molestation order against her estranged husband, who she accused of assaulting her and threatening to harm her. The case was eventually settled out of court, with Hayler agreeing to stay away from Price and their children.

These cases underscore the importance of speaking out against domestic abuse and seeking legal protection. Price, for example, publicly urged victims not to be victims and seek help. Seeking legal protection is crucial, regardless of one’s social status or fame.

Emotional abuse and harassment

The case involving Prince Charles and Princess Diana in the early 1990s also highlighted the issue of emotional abuse in relationships. Diana alleged that Charles had subjected her to emotional abuse and harassment, in addition to having an affair with Camilla Parker Bowles. The court eventually granted a non-molestation order, and the couple divorced in 1996.

These high-profile cases serve as reminders of the importance of non-molestation orders in protecting victims of domestic abuse. According to the Office for National Statistics, an estimated 2.3 million adults in England and Wales experienced domestic abuse in the year ending March 2020. Seeking legal protection is essential in ensuring that victims receive the protection they need to live their lives free from abuse.

Understand your circumstance’s totality

This situation won’t only make you want to vindicate your rights, but you also need someone who can understand your circumstance’s totality. Instead of having a lawyer who’s brilliant in litigation, you’ll be more comfortable with one who is careful and ethical.

They will gather testimonies and are also excellent in advancing your legal rights.

Seeking ‘redress for grievance’ is not just the lawyer’s role in securing a non-molestation order. They should also ensure their client’s physical safety by securing an injunctive order prohibiting an abuser from doing anything that could cause trauma or injury to the former.

If you’re not sure whether or not you need to seek the expertise of a Care Proceeding Solicitor, check out these ways on how else they could help you in securing a non-molestation order.

Non-molestation order UK application

Though you can apply online without the aid or assistance of a care proceeding specialist, if you’re statement isn’t satisfactory, there’s a greater chance that the petition can be dismissed.

With the help of a specialist, you can draft an application sufficient in substance and form.

Therefore increasing your chances of having a favourable decision. Your lawyer can also advise you whether the circumstances alleging abuse and threat are enough to satisfy the requisites set by law.

And if there’s immediate danger involved, your lawyer can also advise and assist you in filing a complaint with the police. Aside from that, they can also help you in filing an emergency order ‘ex-parte.’

Sending Non-Molestation Order Notice To The Other Side

Applicants without a lawyer end up serving the notice themselves — an act that counters the injunction’s purpose. While serving the notice, they might get in trouble with his aggressive and violent abuser. This won’t happen if you have a care proceeding specialist or Solicitor working with you.

They will be arranging the service of notice to the person named in the non-molestation order. Aside from this, your lawyer will also be the one to receive a copy of the Notice of Proceedings issued by the court.

Because you have a legal representative, you won’t miss out on any matter related to your case.

Ensure that the order is enforced

Once the order is issued, your lawyer will also ensure that the injunction’s subject gets a copy of the order. They will make sure the subject adheres to the same. If the case was ruled against you, your lawyer might appeal the same.

They might cite instances like grave abuse of discretion to reopen the case.

Unless you decide to stop, your lawyer will exhaust all remedies available to you. They will try to enforce your rights and prevent ‘evil’ from happening.

In between these phases of the case, you and your lawyer will work as a team. Together you will bring justice to what has been done to you and prevent further abuse from happening.

A lawyer with a mind of a litigator and the heart of a protector. That is the perfect ally any victim could ask for. If you need a non-molestation order in the UK, reach out to us today.

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