Sometimes, it becomes necessary to protect yourself and your loved ones from harm, especially when faced with domestic abuse, harassment, or threatening behaviour. A Non-Molestation Order (NMO) can be a crucial tool for ensuring safety and peace of mind in such situations. While seeking legal protection can feel overwhelming, it is important to understand the reality of NMOs and dispel the myths surrounding them. Taking steps to protect yourself isn’t just about safeguarding your immediate well-being, but also ensuring the security and safety of those who depend on you. Understanding how NMOs work can empower individuals to take action when necessary, offering legal protection and peace of mind in difficult circumstances.
Urban Myths & Truths about Non-Molestation Orders
Myth 1: You can get an NMO easily without much evidence.
Truth: The court requires solid evidence of abuse, harassment, or threats before granting an NMO. This is not a process that happens on mere request; clear risks to safety must be demonstrated for an order to be approved.
Myth 2: An NMO lasts indefinitely.
Truth: NMOs are typically issued for a specific period, often between 6 to 12 months. The order can be extended, but it doesn’t last forever unless renewed by the court.
Myth 3: Breaching an NMO isn’t a serious offence.
Truth: Breaching an NMO is a criminal offence. The police can arrest someone without a warrant if the order is violated, and it can result in imprisonment.
Myth 4: NMOs only protect women.
Truth: NMOs are available to anyone, regardless of gender. Men can apply for protection if they are facing abuse or harassment from a partner, ex-partner, or family member.
Myth 5: NMOs are only for physical abuse cases.
Truth: NMOs cover a wide range of abuse, including emotional, financial, psychological, and even verbal threats, as well as physical abuse.
Myth 6: You cannot apply for an NMO without notifying the other party.
Truth: NMOs can be granted on an emergency basis without notifying the respondent (called a "without notice" or "ex parte" order) if doing so would put the victim in further danger.
Myth 7: NMOs automatically resolve child custody disputes.
Truth: NMOs do not determine child living or spending time arrangements. These issues are handled separately through child arrangement orders.
Myth 8: Once an NMO is in place, the respondent cannot challenge it.
Truth: The respondent can contest the order, and the case will proceed to a hearing where both parties can present evidence and arguments.
Myth 9: You cannot go to family mediation if you have an NMO.
Truth: Having an NMO does not prevent you from attending family mediation. The courts and the new Family Procedure Rules in 2024 encourage non-court dispute resolutions like mediation, except in cases where domestic abuse severely impacts safety.
Myth 10: NMOs can apply to anyone, even strangers.
Truth: NMOs are specifically for people with close relationships, such as partners, ex-partners, family members, or others who share a personal connection. They do not apply to strangers(
Urban Myths & Truths about Non-Molestation Orders
Myth 1: You can get an NMO easily without much evidence.
Truth: The court requires solid evidence of abuse, harassment, or threats before granting an NMO. This is not a process that happens on mere request; clear risks to safety must be demonstrated for an order to be approved.
Myth 2: An NMO lasts indefinitely.
Truth: NMOs are typically issued for a specific period, often between 6 to 12 months. The order can be extended, but it doesn’t last forever unless renewed by the court.
Myth 3: Breaching an NMO isn’t a serious offence.
Truth: Breaching an NMO is a criminal offence. The police can arrest someone without a warrant if the order is violated, and it can result in imprisonment.
Myth 4: NMOs only protect women.
Truth: NMOs are available to anyone, regardless of gender. Men can apply for protection if they are facing abuse or harassment from a partner, ex-partner, or family member.
Myth 5: NMOs are only for physical abuse cases.
Truth: NMOs cover a wide range of abuse, including emotional, financial, psychological, and even verbal threats, as well as physical abuse.
Myth 6: You cannot apply for an NMO without notifying the other party.
Truth: NMOs can be granted on an emergency basis without notifying the respondent (called a "without notice" or "ex parte" order) if doing so would put the victim in further danger.
Myth 7: NMOs automatically resolve child custody disputes.
Truth: NMOs do not determine child living or spending time arrangements. These issues are handled separately through child arrangement orders.
Myth 8: Once an NMO is in place, the respondent cannot challenge it.
Truth: The respondent can contest the order, and the case will proceed to a hearing where both parties can present evidence and arguments.
Myth 9: You cannot go to family mediation if you have an NMO.
Truth: Having an NMO does not prevent you from attending family mediation. The courts and the new Family Procedure Rules in 2024 encourage non-court dispute resolutions like mediation, except in cases where domestic abuse severely impacts safety.
Myth 10: NMOs can apply to anyone, even strangers.
Truth: NMOs are specifically for people with close relationships, such as partners, ex-partners, family members, or others who share a personal connection. They do not apply to strangers(