Non-Molestation Order Questions

[DuckPlatoon]

I'm looking to get a non-molestation order against a family member for repeated and significant physical abuse. I have a solicitor to go through this process but still have a couple of questions

1. I have significant evidence of incidents (witnesses, medical files etc) which have caused me severe injury requiring hospitilisation. My solicitor has warned me that this could cause the police to investigate further due to the severity of the injuries even if I do not wish for my family member to be charged with anything, but how likely would this be?
2. When I list witnesses in my statement, how will they likely be used/contacted?
3. How long are hearings usually? I am hoping to apply for an order without giving notice

1. I don’t know. Are they saying the judge will take it upon themselves to call the police?
2. I’d say unlikely if your evidence is strong. Family court doesn’t find people guilty/not guilty. The non molestation order will be made based on the balance of probability, ie are you more than 50% likely to be telling the truth or not.
3. The hearings are very quick. The judge should have read your statement and evidence before you going in (but may have only skimmed it), will ask you some questions and then write the order.

If the relationship falls into domestic abuse category (sibling/parent/adult child etc) if there is evidence that the police can use and it is believed in the public interest, the police can pursue a charge without a victim supporting the case. This is actually to protect vulnerable victims who are in risky situations where they are too afraid to go to court. For example if police arrive at a house and see injuries and the victim says that their DH did it but they don’t want to give a statement or support prosecution, the police can still pursue as they have seen injuries and been told who did it.
If your case doesn’t involve tangible evidence or on going risk, the police are unlikely to pursue.