Non Molestation Order Granted Against Family Member

27 April 2018

Client Situation

For years our client had suffered with abuse and threating behaviour from a close family member. These threats had not only been directed at our client but also at other members of the family.

Matters worsened when our client had noticed money had been taken from them without their permission. At this stage the police had to become involved. The police did not prosecute the family member, but their involvement meant that our client started receiving violent threats from the offending family member and feared for their safety.

How We Helped

Our Family Solicitors advised the client that a Non-Molestation Order could be ordered by the Court. This Court Order would provide them with protection against violence, harassment and threats by their family member.

Non-Molestation Orders carry the power of arrest, meaning that if they are breached the police may arrest the perpetrator and, if convicted, the perpetrator can face up to 5 years in prison.

Due to the alarming increase in the degree of the threats we recommended that a short notice hearing should be requested from the Court. This means that the case is heard quickly by the Court and also that the offending person is given notice of the hearing. In the case of a short notice hearing, the Court can make (issue) the Non-Molestation Order at the first hearing, speeding up the process.

The Outcome

The Court heard the case after we had managed to locate and serve the offending family member with notice. Despite receiving notice of the hearing and Court documentation, the offending person failed to attend the hearing. In light of this, the Court agreed that a Non-Molestation Order could be made in their absence.

As such the Court ordered that a Non-Molestation Order be put in place, preventing the offending person from harassing or threatening our client. The Order also stated that the family member could not approach our client’s home or the homes of any other family members.

It is part of the Co-op’s ethos and values to provide help and support in enforcing legal rights so as to prevent injustice. We will always strive to secure the best possible results for our clients.

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