My Ex is Harassing or Pestering Me
If your ex partner is harassing or pestering, behaving in a threatening way towards you either in person, phone, text or email and the police are unable to do anything then you should ask a solicitor about obtaining a Non-Molestation Order.
A non-molestation order means an order containing either or both of the following provisions:
- provision prohibiting a person ("the respondent") from molesting another person who is associated* with the respondent;
- provision prohibiting the respondent from molesting a relevant child.
* Being "associated" with a respondent means you are or have been married or had planned to marry them, you live or lived in the same house, or they are a relative.)
The court may make a non-molestation order even though the respondent has not been given notice of the proceedings. This is called an ex-parte application. In determining whether to exercise this power the court shall have regard to all the circumstances including:
- any risk of significant harm to the applicant or a relevant child, attributable to conduct of the respondent, if the order is not made immediately;
- whether it is likely that the applicant will be deterred or prevented from pursuing the application if an order is not made immediately; and
- whether there is reason to believe that the respondent is aware of the proceedings but is deliberately evading service and that the applicant or a relevant child will be seriously prejudiced by the delay involved.
If you are in a situation where you are considering applying to the courts then you should seek legal advice. You may be eligible for legal help/legal aid which would cover the costs of the application if you have evidence of previous domestic violence.