What can I do if my ex is harassing or pestering me?
If 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.
- Local Support
- Your Ex