What is a non-molestation order?
Its the equivalent of a restraining order but its made in family court / civil court rather than criminal court. If you find the police extremely unhelpful, as I did, then you can apply direct to the court for an order which is meant to stop the abuser from contacting you, sitting outside your house, being in your area, coming to your work or whatever it is they are doing which is causing distress.
I hope that if this person has been violent to you the police would have prosecuted and you will have a restraining order but I know the police and the prosecution system can be slow whereas it only takes a day to get an immediate non-molestation order albeit it is a temporary order until you go to court to prove your case.
I don’t want to get anyone’s hopes up so please note that there has to be an association between you and the person you are trying to get an order against: married, living together, family etc.
So its not really difficult to get a non-molestation order against someone if you truly are a victim. In the first instance you fill out an application form which can be downloaded online, and then take it to court with a witness statement and initial evidence if you have any. You must decide whether you are in immediate danger or not, and if you are then tick the box that lets you apply for a ‘without notice’ order which means the Judge will decide on your evidence and if he/she thinks it is appropriate will issue the order immediately without a hearing.
Whether you get a without notice order or not you do have to go to court to get a full order, and the person you seek the order against gets the opportunity to put their side of things. This hearing is normally within 14 days. If you have a without notice order it will only be until the hearing when the Judge will then decide whether to continue it or not.
The problem is – what do the police actually do when you have the order? and in my case that amounts to nothing!
Initially there is nothing for the police to do. The order is made and served on the person and then it is noted in the court records and the local police stations that there is an order in force. It has a power of arrest attached to it so when it is breached the police don’t investigate, don’t question, they just arrest and put the offender before the court to decide what happens next. Unfortunately this is not what happens all the time.
If you search the internet, there are quite a few reports where the police don’t respond following the breach of a non-molestation order. This is true in my case.
Since the order was put in place, Candi has been seen loitering outside my house. I have a witness, and a text from that witness who is willing to testify but the police are not interested. Candi has continued to hack into my online accounts – or attempt to! Candi has continued to make knowingly false allegations against me – one was for service of a document which had been ordered by the court. She was there when the order was made, received a copy of the order but accused me of harassment, breach of restraining order and forging the document – all of which was eventually dropped but this is actually harassment against me!
The final straw was when she phoned me 3 times within about 20 minutes from her own number. I reported it to the police, and in fairness Aldershot police responded, took a statement, examined my phone to see the calls coming in from her number, examined the non-molestation order, examined a court document where she had signed to say that was her number and put it forward for processing. For some unknown reason this was transferred to Sussex Police to the same officer who was dealing with the previous alleged breach of restraining order against me and who has shown a clear bias in his statement …. surprise surprise he took no action. A complaint led to this being issued to another officer who then said although it was the telephone number linked to Candi’s phone, because I didn’t answer the calls and take the abuse that they couldn’t prove it was her that made the call???
My order says no contact, direct or indirect and no third party contact. Therefore whether it was her or someone else on her phone this was still a breach.
The police refused to take action. I have now put this back in family court and put in an application for a warrant for her arrest but as you will have seen if you are following my courts page, this has not been actioned as yet and forms part of the inadequate service of our court system.
Read the updates on the Court News page: https://pathofdestruction.net/the-wonders-of-the-english-legal-system/
I have no advice for anyone in a similar situation. It is your choice whether you continue to pursue justice or give up. I am not a lawyer and anything I have said about non-molestation orders or restraining orders is from my experience rather than a legal perspective – but don’t be fooled by being told a piece of paper will protect you. It might, but if someone wants to destroy you no piece of paper will make a difference.