23/08/2023
CAN I APPLY FOR NON MOLESTATION ORDER WITHOUT MY ABUSER KNOWING
Yes, you will need to make emergency order. You must state on the FL401 application that you are asking for an emergency Order. You do not need to tell the abuser but will have to explain to the Court why this is necessary. This is known as a ‘without notice’ or ‘ex parte’ application.
The Court will then hold an emergency Hearing soon after you make the application, and you must attend as an emergency Non Molestation Order may be made at the Hearing. The emergency Order usually lasts until the next Hearing where the Court will decide whether it should continue. Once the Order has been issued, the abuser needs to be served with the Court papers and the Non-Molestation Order. The Court will usually list a Hearing quite quickly after a ‘without notice’ Non-Molestation Order has been made.
