Legal Eagle: How to apply for an extension of a non-molestation order
I have a non-molestation order in place against my ex-partner. It is due to end soon, but I am still scared my ex-partner will harm me. Can I extend the order?
If you have suffered domestic abuse or coercive and controlling behaviour from your ex-partner, it is important to know what your options are for protecting yourself from future threats.
A non-molestation order is a Court order which is designed to stop abuse, harassment, threats, intimidation or other unwanted conduct. It can prevent people from contacting or approaching another person or entering specific locations. Breaching a non-molestation order is a criminal offence and can result in arrest, fines or a custodial sentence.
If you wish to extend your non-molestation order, you must apply to do this before the existing one runs out. If you fail to do this, you will need to reapply for a new order.
The Court will only extend the order in certain circumstances. It is not standard practice to extend them. This is because the life and rights of person who the order is against can be seriously impacted if it is granted.
The Judge will consider whether there is a continued threat or possibility of a continued threat against you, and they will weigh this against the possible impact of the extension on the other person.
It is important to have examples of a continued threat against you. This is because the burden of proof will be on you to prove that there is a continued or immediate threat of harm to you.
For example, if your current non-molestation order has been breached, or if your ex-partner is making threats to harm you once the non-molestation order expires.
In some circumstances, the court may be willing to extend the order without giving notice to your ex-partner. This would be in situations where you need urgent protection due to a risk of significant harm to you or your child, or where you are likely to be at risk if your ex-partner is notified that you are seeking to extend the order.
If this sounds like something you would like advice on, or you wish to discuss another family matter, please contact Ben Hoare Bell on 0191 275 2626, via email at [email protected] or drop in to one of our offices.