Domestic Violence - Restraining Orders Versus Non-Molestation Orders
In the UK, both restraining orders and non-molestation orders are legal tools used to protect individuals from harm or harassment. However, while both are designed to prevent further abuse or contact, they serve different purposes and are applied in different legal contexts. Here we will explore the key differences between restraining orders and non-molestation orders, helping you understand which order may be appropriate for your situation.
What Is A Restraining Order?
A restraining order is a legal order issued by the court to prevent an individual from contacting or approaching another person. This type of order is commonly used in situations where the person subject to the order has been involved in criminal conduct, such as harassment, violence or stalking. Restraining orders are often issued as part of criminal cases, but they can also be sought separately in civil courts.
Restraining orders are designed to protect the victim from further harm or intimidation, and they can impose strict conditions, including:
- Prohibiting contact with the victim (in person, by phone, email or other means.)
- Restricting the individual from coming near the victim’s home, workplace or other specified locations.
- Forbidding the individual from taking any action that could cause harm or distress to the victim.
What Is A Non-Molestation Order?
A non-molestation order is a legal order typically used in family law cases to protect individuals from any form of molestation. This includes physical violence, threats of violence, harassment, or intimidation. Non-molestation orders are most commonly used in situations involving domestic abuse or violence within intimate relationships, such as marriage or cohabitation.
Non-molestation orders aim to prevent any form of abusive behaviour and to provide immediate protection for the victim. Key features of non-molestation orders include:
- Prohibiting the individual from using violence, intimidation or harassment.
- Preventing contact or approaching the victim in any way.
- Preventing the person from making threats or engaging in any form of emotional or psychological abuse.
Non-molestation orders are typically applied for in family courts, and they can provide protection for both adults and children.
Key Differences Between Restraining Orders And Non-Molestation Orders
While both orders are used to protect individuals from harm, there are several important differences between them:
| Feature | Restraining Order | Non-Molestation Order |
|---|---|---|
| Legal Context | Often issued as part of a criminal case or in civil court | Primarily used in family law cases to protect from domestic abuse |
| Purpose | To prevent contact or harassment following criminal behaviour | To prevent any form of molestation (violence, harassment, intimidation) |
| Who Can Apply? | Victims of harassment, violence, or stalking | Individuals affected by domestic abuse or violence (can include children) |
| Court | Criminal courts or civil courts | Family courts |
| Duration | May be temporary or long-term, depending on the case | Typically temporary, with potential for extensions or long-term orders |
| Enforcement | Violating a restraining order can result in criminal charges | Breach of a non-molestation order can result in arrest and criminal penalties |
When Is Each Order Used?
- Restraining Orders: Restraining orders are typically used when an individual has been involved in criminal activity, such as harassment, assault or stalking. They are often issued in the aftermath of a criminal conviction or as part of a criminal case, though they can also be sought in civil courts if the abuser is not facing criminal charges.
- Non-Molestation Orders: Non-molestation orders are most commonly used in domestic abuse situations, often when the victim and the perpetrator are in an intimate relationship, such as married couples, cohabiting partners or former partners. These orders can provide immediate protection for victims of domestic violence and prevent further abuse.
How To Apply For A Restraining Order Or Non-Molestation Order
Restraining Order Application:
- If you are the victim of harassment or abuse, you can apply for a restraining order in the criminal or civil courts. This often involves seeking the assistance of a solicitor, who will help you gather evidence and present your case in court.
- You may need to provide evidence such as witness statements, medical reports or police records to show that you are at risk of harm.
Non-Molestation Order Application:
- Non-molestation orders can be applied for in the family courts, typically by victims of domestic abuse or violence. You can apply for an order without needing the police to be involved.
- The application will require evidence of the abuse, including any threats, physical violence or emotional distress caused by the abuser. You may need to provide witness testimony or statements from the police.
How We Can Help
At Gavin Edmondson Solicitors, we understand the complexities of both restraining orders and non-molestation orders. Whether you are seeking protection from domestic violence or harassment, or you need help navigating the legal process to protect yourself, our experienced solicitors are here to provide confidential, compassionate support. We will guide you through the process, ensuring that your safety and well-being are prioritised.
Frequently Asked Questions (FAQs) About Restraining Orders vs Non-Molestation Orders
What is the main difference between a restraining order and a non-molestation order?
A restraining order is often used in criminal cases and prohibits an individual from contacting or approaching a victim. A non-molestation order, on the other hand, is used primarily in family law cases to protect individuals from domestic violence, harassment or intimidation.
Can I apply for both a restraining order and a non-molestation order?
Yes, in some situations, both orders can be sought. For example, if someone has committed criminal acts against you and you also want protection from domestic abuse, you may apply for both orders.
Can a non-molestation order be applied for without the involvement of the police?
Yes, a non-molestation order can be applied for in family court without police involvement. However, having evidence of the abuse, such as police reports or witness statements, can strengthen your case.
How long does a restraining order or non-molestation order last?
The duration of both orders depends on the specific circumstances. A restraining order may be temporary or long-term, while a non-molestation order is typically temporary, though it can be extended or made permanent depending on the case.
Can a restraining order or non-molestation order be breached?
Yes, both types of orders can be breached. Violating a restraining order or non-molestation order can result in serious consequences, including criminal charges and potential imprisonment.
Can children be protected by a non-molestation order?
Yes, children can be named in a non-molestation order to prevent contact or abuse. The court may issue orders to protect children from any form of molestation or harm within domestic situations.