What can I do if my ex is harassing or pestering me?

judge cc_s_falkow@flickrIf your ex partner is harassing or pestering, behaving in a threatening way towards you either in person, phone, text or email and the police are unable to do anything then you should speak to a solicitor in relation to obtaining a Non-Molestation Order.

A non-molestation order means an order containing either or both of the following provisions:

a)      provision prohibiting a person ("the respondent") from molesting another person who is associated with the respondent;

b)      provision prohibiting the respondent from molesting a relevant child.

The court may make a non-molestation order in the following circumstances:

a)      if an application for the order has been made by a person who is associated with the respondent; or

A person is associated with another person if:

a)      they are or have been married to each other;

b)      they are cohabitants or former cohabitants;

c)      they live or have lived in the same household;

d)      they are relatives;

e)      they have agreed to marry one another (whether or not that agreement has been terminated);

The court may, in any case where it considers that it is just and convenient to do so, make a non-molestation order even though the respondent has not been given such notice of the proceedings. This is called an ex-parte application. In determining whether to exercise this power the court shall have regard to all the circumstances including:

(a)     any risk of significant harm to the applicant or a relevant child, attributable to conduct of the respondent, if the order is not made immediately;

(b)     whether it is likely that the applicant will be deterred or prevented from pursuing the application if an order is not made immediately; and

(c)     whether there is reason to believe that the respondent is aware of the proceedings but is deliberately evading service and that the applicant or a relevant child will be seriously prejudiced by the delay involved.

If you are in a situation where you are considering applying to the courts then you should seek legal advice.  You may be eligible for Legal Help/Legal Aid which would cover the costs of the application if you are on a low income and/or in receipt of benefits.

You could contact our legal advisor to seek personalised advice.