How to serve a Non Molestation Order

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PB Process Servers UK specialise serving legal documents in the UK. If you need help with how to serve a Non-Molestation Order, we can assist you. A Non-molestation order is a form of injunction that offers the applicant some protection, once served, against domestic violence abuse.

Important: You should not attempt to serve the non-Molestation Order yourself. You should instruct a Process Server to serve the non-molestation for you. You should seek independent legal advice from a Solicitor or other suitably qualified person. We are not Solicitors and we do not provide legal advice.

The Non-Molestation Order should be served on the Respondent quickly, and at least two days prior to the date of the hearing. One of the quickest ways to serve a Non-Molestation Order is to instruct a Process Server to do this for you.

Instructing a Process Server to serve a Non-Molestation Order is relatively straightforward. PB Process Servers UK serve Non-Molestation Orders anywhere in England and Wales. We do this for a fixed fee and are experts in our industry. We have helped the legal service sector, serve court orders and injunctions like non-molestation orders, since 2002.

What happens once a Non-Molestation Order has been served?

A Non-Molestation Order can help protect you. Once served, the Respondent must obey the Court Order. If, without reasonable excuse, they do anything which they are forbidden from doing, they will be committing a criminal offence and liable on conviction to a term of imprisonment not exceeding five years or to a fine or to both. Alternatively, if they do not obey the order, they will be guilty of contempt of court and may be sent to prison.

Non- molestation orders

1. The Respondent is forbidden to use or threaten violence against the Applicant and must not instruct, encourage or in any way suggest that any other person should do so.

2. The Respondent is forbidden to communicate in any way with the Applicant save through their Solicitor 

which includes telephone, text, email, letters, social networking sites or other forms of electronic

messaging.

3. The respondent, must not go to, enter or attempt to enter any property where he knows or believes the applicant, to be living.

Note to the Arresting Officer

Under section 42A of Family Law Act 1996 breach of a non-molestation order is a criminal offence

punishable by up to five years imprisonment. It is an arrestable offence, and it is not necessary to obtain a warrant. "A person who without reasonable excuse does anything that he is prohibited from doing by a non-molestation order is guilty of an offence." Family Law Act 1996, Section 42A(1)

How to instruct a Process Server to serve a Non-Molestation Order

To instruct a Process Server to serve your Non-Molestation Order you can either email or post the papers for service - remember when posting to send at least two copies - one is for service and the other is to exhibit to proof of service. We can also arrange for collection of the Order from you - a collection fee would apply. 

We are normally sent the following for service: -

• The application
• Witness statement in support
• Non-Molestation Order / an Occupation Order
• A photograph or description of the Respondent - to assist with identification and helpful information about them.

Once we receive the above from you, a process server will attend the address to serve "deliver" the papers to the Respondent.

More information on how to instruct us can be found here. Remember, if you are unsure how to proceed you seek legal advice. The information contained on our website is not legal advice.

If you are a victim of domestic abuse you can find additional information below that may be useful to you.

Remember, if it is an emergency and you require urgent assistance then you should dial 999 and ask for the Police. If you are  not able to speak as this would put you in danger then there is a silent option. Once connected to the operator press 55 on your handset. This will let the operator know you need Police assistance. If there is only one thing you can say then try and speak your address so the Police can be dispatched to the address. More information on the 999 silent system can be found here. 

Get an injunction if you've been the victim of domestic abuse: Who can apply: non-molestation order - Find out more on the .GOV.UK (www.gov.uk)

Refuge National Domestic Abuse Helpline

Tel: 0808 2000 247

Home | Refuge National Domestic Abuse Helpline (nationaldahelpline.org.uk)