What should I write in my statement when I am applying for a Non-Molestation Order?
You are basically asking the court for protection, so it must be satisfied that there is evidence of molestation and that you need protection from the court.
Your witness statement must set out in detail what has taken place, including any police involvement and any medical treatment you may have needed. You have to state exactly what happened with time and date.
Molestation involves any form of physical, sexual or psychological molestation or harassment that has a serious impact on your health and well-being. This is your opportunity to tell the court about any of this kind of treatment you have been coping with.
There is a time limit, however, and the last occasion must be within the last 6 months. It may have been going on for longer, just as long as the last time was within that 6 month time frame.
Although usually the other person is told when a court application is made against them, this won’t necessarily happen if your safety or the safety of any children are at risk. If you are afraid of repercussions from your spouse/partner when they get their copy you should say so in your statement.
Usually, your spouse/partner (the respondent) will prepare a witness statement in response to yours.
When the court receives your application, it will schedule a hearing to decide what should happen.
Download and fill in the application form FL401 and make 2 copies.
Write your witness statement telling the court what has happened and asking for the relevant order.
At the bottom of the witness statement write a statement of truth. Use the following words: “I believe that the facts stated in this witness statement are true.” Sign and date the statement of truth.
Download and fill in form C8 if you want to keep your address and telephone number private.
Deliver or send all the documents to a court which deals with domestic violence cases - there’s no fee.