It is common for us to advise people who are in terrible situations in which their safety is at risk. Very often, these situations lead to criminal proceedings and the perpetrator is prosecuted in a crown or magistrates court, depending on the nature and severity of the alleged crime. It is often advised, however, that a civil court case is made in the form of a non-molestation order.
In simple terms, when a non-molestation order is made, a court orders that a person does not molest another person, and molestation is defined in law as the following:
Molestation involves any form of physical, sexual or psychological molestation or harassment that has a serious impact on the health and well-being of the applicant.
Types of molestation include:
- Physical violence, such as hitting, pushing or shoving
- Threatening behaviour, for example verbal threats and stalking
- Harassment, including intimidation and unwanted contact
- Controlling behaviour, for example restricting finances and monitoring communication
- Psychological or emotional abuse, such as insults or humiliation
A non-molestation order is a type of injunction, there are no court fees for applying for one, and it can be granted by a court if you or your child are a victim of, or at risk of being a victim of, one or more of the above.
We find the different types of molestation as listed above in a variety of situations in which a person is, essentially, under attack. It is, however, common for such behaviour to go unpunished in a criminal court where a case has to be proven beyond any reasonable doubt. If you can prove on the balance of probabilities that you are being molested or you’re at risk of molestation, then an order in The Family Court will be made.
Note, the burden of proof lies with the applicant, so we advise you to get the support of specialist lawyers such as Belderbos Solicitors to help you gather evidence, such as police reports, witness statements or medical records. We can make sure you are following the application process correctly and we can represent your interests robustly in court.