Apply to Court for Non Molestation Order
The relationship that the victim has with the abuser affects how to proceed with an injunction. As a rule, the victim of domestic violence can make an application if the respondent (person you want protection from) is:
- A close family member (e.g. a brother, sister, or parent).
- Someone you are having a relationship with or a person you had a previous relationship with.
- Someone you are living with or a person you lived with on a previous occasion.
Note: Use the lists below to determine whether you can apply for a non-molestation order. An applicant under sixteen (16) would need permission from the High Court beforehand.
If You are in a Relationship with the Respondent
As a victim of domestic abuse, you can make an application for a non molestation order if the respondent is your:
- Spouse (e.g. husband, or wife) or civil partner.
- Former husband, former wife, or your former civil partner.
- Fiancé, fiancée, or a proposed civil partner.
- Former fiancé, former fiancée, or a former proposed civil partner. This would only apply if the engagement or agreement to form a civil partnership ended less than three (3) years ago).
- Boyfriend, girlfriend, or partner. It can also be a person that you are in a relationship with, or have been, for at least six (6) months.
Note: You must provide evidence if you were engaged to the respondent or had agreed to form a civil partnership with them. This could be a ring or a statement from a witness who attended a ceremony or a celebration.
If the Respondent is a Family Member
The victim of domestic violence can make an application for a non-molestation order if the respondent is a close family member. Typical examples include a brother, a sister, a parent, an aunt or an uncle.
People with Parental Responsibility for a Child or Grandchild
You can also apply if you have a child or a grandchild and the parent (or person you share parental responsibility with) for the child or grandchild, is the respondent.
The same would apply to an adopted child or grandchild. The victim can make an application for an injunction for domestic abuse against:
- The adoptive parent.
- Anyone who has applied to adopt the child or grandchild.
- Anyone the child gets placed with for adoption.
Note: It is possible to apply for an order against a child or a grandchild if someone adopted them. You can report any cases of violence or abuse to your neighbourhood police team.
Application to Court for Non Occupation Order
As a victim of domestic violence, you can also apply for an occupation order if you meet the requirements. These types of injunction orders state conditions that the respondent must not break.
Note: Examples would include; who can live in the family home or who can be present in the surrounding area.
In most cases, you would be able to apply if:
- You either own or rent the home and it is, it was, or it was intended to be:
- Shared with a spouse (husband or wife), civil partner, family member, cohabitant, person you are engaged to, or a parent of your child.
- You do not own or rent the home but:
- You are married to (or in a civil partnership with) the owner and you are living in the home. This situation falls under ‘matrimonial home rights’.
- Your former spouse or civil partner is the owner or the tenant, and:
- The home is, was, or was intended to be your shared matrimonial home.
- The person that you cohabit with (or cohabited with) is the owner or the tenant, and:
- The home is, was, or was intended to be your shared home.
Note: Find out what to expect at your court hearing after applying for the injunction order.
Informing the Person Named in the Application
You must make arrangements to ‘serve’ (or hand deliver) a copy of the application and witness statement to all respondents. That means the person named in the application must receive a copy of the documents in person.
Note: If you hire a solicitor they can serve the documents on your behalf. Using the services of a court bailiff is another way of telling the person named in the application.