Procedure for an application for a non-molestation order
Procedure for an application for a non-molestation order

The following Family practice note provides comprehensive and up to date legal information covering:

  • Procedure for an application for a non-molestation order
  • Procedure for an application for a non-molestation order—Covid-19
  • Applications
  • Funding—legal aid
  • Evidence
  • Vulnerable parties
  • Without notice (ex parte) applications
  • Duration of order
  • Duration of ex parte (without notice) orders
  • Drafting the order
  • More...

Procedure for an application for a non-molestation order—Covid-19

In the exceptional circumstances of the coronavirus (COVID-19) pandemic guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in England and Wales during the coronavirus (COVID-19) pandemic and until further notice, which profoundly affects normal practice, including requirements for the majority of family hearings to be dealt with remotely. For details about the changes to court processes and procedures during this time, see Practice Note: Coronavirus (COVID–19)—news and resources for family lawyers. In addition, the Coronavirus (COVID-19) toolkit provides easy access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription).

With particular regard to injunctions under the Family Law Act 1996 (FLA 1996) Her Majesty’s Courts and Tribunals Service (HMCTS) has issued guidance: Coronavirus (COVID-19) contingency arrangements for Family Law Act injunctions which is intended to help make sure injunction applications are prioritised and victims of domestic abuse receive protection as soon as possible. In order to help the courts deal with an application for an injunction under FLA 1996 promptly legal representatives are asked:

  1. to include the words injunction, non molestation, FL401, domestic violence or domestic abuse in the subject line of the email to the court

  2. to complete a draft order using the standard order 10.1—non-molestation order removing any unnecessary

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