In a weekly column, solicitor Juliet Phillips-James casts

Her expert eye over a range of legal matters and urges anyone with any questions or problems to come forward for help.

QShortly after we decided to move in together, my partner of one year and I split up a few months ago. Ever since we separated, he hasn’t left me alone. He constantly bombards me with messages and phone calls and if I block him, he’ll use another number. I don’t really want to involve the police but I think I need a restraining order.

Firstly, you should always consider utilising the police if you feel intimidated, harassed or otherwise abused. They don’t necessarily need to arrest your former partner, they could just give a warning, which may be sufficient to make him stop what he is doing. If that doesn’t work or you don’t feel comfortable contacting the police, then you should consider applying for a Non-Molestation Order at the Family Court, which is a civil, protective injunction that will provide that the Respondent (your former partner) will usually be prohibited from contacting you, approaching you, causing you harassment, alarm or distress or coming to your property, among other protections. It is very similar to a restraining order.

You were cohabitants so you are able to satisfy that you and the Respondent are ‘associated persons’ as per the Family Law Act 1996. You will also need to satisfy the necessity and balance of harm test to help justify the Court imposing such an order. Usually, a detailed statement would be required, outlining all the adverse behaviour you have been subjected to. Once an application and supporting statement have been lodged, the Court will list the matter for a hearing where it will consider the evidence and decide whether more evidence is needed, if the Respondent wishes to contest the making of the order. An interim order may be made in the meantime for your protection, while all outstanding evidence is gathered, which may include more statements, witness statements, screenshots/recordings, police disclosure. If a Non-Molestation Order is granted, breach of the same will be a criminal offence and the Respondent may be arrested.

It is important to seek legal advice at your first opportunity – any delay in applying for the order may mean you have difficulty in satisfying the above tests, particularly if the behaviour causing you harm ceases.