What Is The Difference Between A Non-Molestation Order And A Restraining Order?

This is a collaborative post

Unfortunately, there will be situations in life when people find themselves feeling like they need protection from other individuals. This is often the case if someone feels they are being harassed and there is no other option but to take out an injunction against another individual. It is not acceptable to consistently harass a person and show them unwanted attention. However, there are options available to victims which can limit abusers and ensure they stay away. Below is some information on the difference between a non-molestation order and a restraining order. You must know the difference and what situations each order can be enforced in.

What does a non-molestation order mean?

A non-molestation order is, in effect, a restraining order in the eyes of the general public. However, there are some subtle differences. First, there is the fact that the abuser must be a “connected person”, as mentioned below, but also that it is not yet a criminal offence. The idea is to stop the abuser from sending threats or contacting that person without bringing criminal proceedings against them. However, if the abuser does not stick to the guidelines in the order, they will face criminal action.

Who can apply for a non-molestation order?

A person can apply for a non-molestation order if you are a victim of domestic abuse and if the abuser is someone they are connected with. You might be wondering what joined means. Well, it tends to be a family member or someone a person has been in an intimate relationship with. The term “connected person” refers to someone with whom you have or have had a relationship, a family member, or someone with whom you live. Family solicitors can obtain non-molestation orders – they don’t need to go through the courts.

What is a restraining order?

A restraining order differs from a non-molestation order as it involves criminal proceedings against a person. A restraining order can be obtained by an individual and ordered by a judge if a victim requires protection from harassment or believes they will be harmed. The order can be granted for a specified period decided by the justice system. It is possible to gain a Restraining Order alongside a conviction for a crime, or the prosecution may argue in court that the victim still needs one, even if acquitted.

Who can apply for a restraining order?

There are no restrictions on who can apply for a restraining order. It can be an individual a. person has never met before but has been harassed online, for example. Stalkers and unwanted attention can be very daunting for people, which is why these orders can be applied. They are taken very seriously as victims need to be able to get on with their lives and return to life as regular as possible. The restraining order is always more severe if someone is believed to be in potential danger.

An individual can speak to a family solicitor about obtaining a non-molestation order if they believe it is needed.

Disclosure: This is a collaborative post

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