Difference between Non-Molestation Orders And Restraining Orders

In certain situations, such as being a victim of domestic abuse, an individual may feel they need protection from another person who is “connected” to the abuse. In this case, they are usually able to apply for a Non-Molestation Order. A connected person could be someone they are having, or have had a relationship with, a family member, or someone they are living or have lived with.

The Non-Molestation Order meaning is that the connected person must abide by the specific terms within the order or risk being arrested and charged for breaching the conditions. This lasts for the duration of the Non-Molestation Order. A common length of time for the Order to last is 12 months; however, this is at the Court's discretion.

Non-Molestation Orders can also be used to protect children from domestic abuse. It can often prevent the connected person from making contact with the victim and coming within a certain distance of their home, or any other conditions that a Judge may find appropriate.

Restraining Orders are different to Non-Molestation Orders, they are most commonly used when there have been criminal proceedings against a person. They can be obtained when someone is a victim of a crime, and they require protection from harassment or fear of violence by the perpetrator for a specified period or until a further order is made.

If you wish to book in for an initial consultation on the issues raised in this blog or any other divorce or separation issues, our family solicitors are based in both Wolverhampton and Cradley Heath and serve clients across the West Midlands. For all new enquiries, please call 01902 328 355 or complete our online enquiry form and a member of our team will respond.