Non-molestation order

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Hi đź‘‹

has any one had to use one of these? My sister is struggling to leave her children’s dad. He has just smashed her car up and slapped her across the face. The police have advised her to go through with this.
What is the court process like ? How long does it take ? Do you need to take witnesses to court.


tia
 
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Hello đź‘‹ I took out a non molestation against my ex 5 years ago after he attacked me and my mum.
the police arrested him and I saw a solicitor the next day to arrange it, we managed to get a court date the following day and they granted it no problem. I didn’t need any witnesses just the police report. The bit that took time was he had to be served with the papers by my solicitor and they were struggling to find where he was and during that time I couldn’t go home because the non mol wasn’t active until the papers were served. I think it took around 6 days in total from the attack to the papers being in his hand. 6 months after he turned up at my house and I rang the police and they arrested him straight away
Oh and just to add this was all free of charge via legal aid too as it was domestic violence
 
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Could you encourage her to give her local DA service a wee call? They can take over and help guide her through it. The Police should really have referred her on if they haven't already. If she's waiting on her referral going through, they should have a Helpline she can call too for advice ASAP if you pop her area and DA services into google. Women's Aid are good but can be hard to get though to, so local is best.

From what I remember (it's a long time since I've gone through the process as it's a few years since my IDVA days), no witnesses are needed with the Police report, like the previous poster said.

Has she left him now? Are there bail conditions in place? If there are, the non-mol might have to be held off as there's a reluctance to have both in place at once (we were never able to but that might have changed now). If he's not at the house, I'd suggest a ring doorbell, so that if he turns up again and breaches the order/bail conditions, there's some good evidence there. If he is still in the house, DA services can also look at helping her to apply for an occupation order, which would prioritise her and the kids staying in the house and him being booted.

Sorry, some of that is a bit vague! Definitely ask her to call her local DA services as, with it being fresh, she's more at risk from him at the moment post-separation and she needs risk assessing and some solid safety planning.
 
The National Centre for Domestic Violence can help with getting a non mol order. If he has been aggressive or threatening to the children, they can be protected under the order too. Act quick and don't delay. The quicker you act after the incident, the better. If they live together, she will probably need an Occupation Order too to keep him away from the property. This website is the best starting point: https://www.ncdv.org.uk/