Domestic abuse protection case study
A Non-Molestation Order Against a Family Member
This anonymised case study is based on a matter handled by our solicitor in previous practice. Details have been limited to protect confidentiality.
An urgent order protected a client from abuse by an adult child and remained in force after the final hearing.
The background
The client lived with an adult child and no longer felt safe in the family home. The relationship had deteriorated to the point that immediate legal protection was necessary.
Non-Molestation Orders are not limited to current or former partners. Depending on the legal relationship, they can protect people from abuse by wider family members, including abuse between a parent and adult child.
Urgent protection and service
An urgent temporary Non-Molestation Order was obtained. The respondent was then formally served with the application, order and supporting evidence so the court could decide whether protection should continue.
The respondent did not attend or challenge the evidence. The court still had to consider service, the evidence and the ongoing need for protection before making its decision.
- The relationship came within the protective legal framework
- Evidence supported urgent intervention
- The respondent was properly served
- The final hearing considered continued risk
The outcome
The Non-Molestation Order remained in force as a final order, giving the client continuing legal protection in the home environment.
The case demonstrates that shared accommodation and a close family relationship do not prevent the court from granting protection where the statutory requirements are met.