Advice about non-mol order.

[xxx13xx]

I’m seeing a solicitor on Friday. I’ve been doing my own research online about how a non-mol order works, and what is involved. The thought of attending court with the person present is absolutely awful. I don’t want to be confronted by this person, or even see this person. Has anyone had experience of getting a non mol order without having to be seen in court? I’ve put off getting an order for nearly a year due to this but things have got worst and police aren’t doing anything.

There are a number of separate things there and you need to make sure you tell your solicitor that you don't want to see him.

1. It isn't always the case that you will have to go to court to get the order. In some cases, when an application is issued, the defendant may agree to the order or agree to give undertakings (formal promises to the Court).

1. In some cases (urgent or risk of assault if on notice), the order is first obtained on a short term basis on a paper hearing (where you wouldn't need to attend and your lawyer does the talking) and then there is a second hearing where the defendant can argue about it.

1. If you do have to give evidence and are frightened of seeing him or giving evidence, courts have powers to accommodate that if it helps you give evidence - for example a screen so you can't see him. These steps are called "special measures" - if you google it you'll find out more.

The main thing is to make sure you discuss your fears with your solicitor so they can help address it.

Ring the domestic advice helpline (I'm assuming this is the reason for the non-mol order) they can issue an emergency one and your solicitor - that they provide represents you in court so you don't need to face them. Hope this helps

Thank you @PerryMasonsFriend.
The order is actually against my biological mother due to harassment.

Can the domestic advice helpline help me? My biological mother abused me as a child emotionally, but nothing ever proven/taken seriously. I’ve tried to be NC for the past year from her and my family... we are now having to deal with harassment from her, although police are been useless.

It's still abuse and if you have evidence they should be able to help in some way xx

If there is no domestic violence, then it sounds like this would be an order (injunction) under the Protection From Harassment Act 1997 in a civil court (as opposed to a family court or a criminal court).

There is no reason why a civil court couldn't impose special measures as well - although there is no statutory structure as there is in criminal cases - but your lawyer would need to persuade the court that it was necessary in the interests of justice.

So you being so scared of the defendant that if you saw them you felt your evidence would be compromised would probably do, but just not wanting to see them because you don't like them and they are harassing you probably wouldn't.

You need to discuss it with your lawyer.

It will depend on the nature of the harassment and what is at issue.

For example, if you had harassment by email and you had all the copies of the emails and the person didn't dispute they'd sent them, it's unlikely you'd need to give evidence. If the harassment was they assaulted you and they denied it, you would need to as they have a right to test your evidence in cross examination.

No one here can give you legal advice or tell you what the court would do other than in very general terms. As I've said, make sure you tell your solicitor you don't want any contact with this person at court and discuss options with them.