Non-molestation orders

[nowheretorunorhide]

I have posted a few times about my emotionally abusive partner and my plan to leave the relationship. He has a past of harassment with multiple partners and has had a restraining order for 2 years by his ex fiancé. I saw a local DV charity who talked to me about non-molestation orders and I wondered if anyone had any experience of getting one? She mentioned about having to go to court for one, but I didn't get a chance to properly talk about it as I needed to leave for the school run. Do I need proof of harassment first to get one? Do I apply through the court? How long does it take? How much does it cost? Do I have to see him in court? What happens if he breaks it?

Hi OP, sorry about what you're currently going through.

You need to go online and check the family courts affiliated with your borough, fill a non molestation ordee form, explaining the sorts of abuse you suffer, in addition, a separate statement detailing abuse experienced.

It doesn't cost a penny if you're representing yourself, but will do if a lawyer represents you.

It depends on the intensity of the abuse, there's a section in the form that asks if you want him present during the hearing ( it's entirely up to you), but sometimes, they need to hear his version and therefore ask for him to be present during the hearing. But, given his history of abuse registered with the authority, they probably wouldn't need him to be present before granting you the order.

There's a clause in the order of what would happen of he broke the order.

Feel free to PM me if you need to. X

I'll have a proper read up. I'm hoping a place comes free in a refuge this week then I can get one set up. I hate being here right now. It's horrible.

I don't remember going to court for my non-mol (I know I did for the occupation order and he had to be there for that - it wasn't granted)

I remember going to my own solicitor then having to take it to a independent solicitor to get i signed off. I don't think I actually went to court though, I think my solicitor came back to me to tell me it was granted.

I am going back 9 years though so things may have changed.
But I definitely only remember one trip to court and that was for the occupation order.

Please look after yourself. And of there are children involved, I don't see why the order wouldn't be granted.

Do what you have to do and be safe. Wishing you best of luck. X

@MumsyJ yes there is two children who I need to keep safe too. I'm not really getting anywhere with finding a place to stay. my only option is my sisters right now, but I know he'll come there x

Call the NCDV they can advise you and help you through the process. They will go through the legal aid first and if you are not eligible advise and support you from there.

Women's Aid for Refuge, or you could google your local Refuge agency. They usually have a website and phone number but no listed address (or only a listed business address) because obviously Refuges address are confidential.
Alternatively, you could present at your local council and make a homelessness application on the basis that you cannot be in your home due to Domestic Violence.
Or you can get an emergency Non Mol and Occupancy orders (NCDV)

I have someone from a local charity looking for a refuge for me. My next option is to present myself at the council, which I might have to do.