Non-molestation order against somebody of no fixed abode

johnnyboyc

Am in the process of setting up a non-molestation order against a family member who is currently homeless, however the FL401 form seems to require an address for the respondent. Does anybody have any idea what to do in this situation?

Comms69

Difficult, you see a Non-Mol is a civil action.


Can the police not assist you?

johnnyboyc

Police assist? In what way?

Comms69

johnnyboyc wrote: »

Police assist? In what way?

A non-molestation order is typically a result of some form of harassment. The police can arrest and charge this, without a non-mol.


Perhaps i'll go back a step - why are you getting a non-mol?

johnnyboyc

Comms69 wrote: »

A non-molestation order is typically a result of some form of harassment. The police can arrest and charge this, without a non-mol.


Perhaps i'll go back a step - why are you getting a non-mol?

I'm getting one on the advice of the police actually - there has already been harassment, which abated, but has now resumed.

Comms69

johnnyboyc wrote: »

I'm getting one on the advice of the police actually - there has already been harassment, which abated, but has now resumed.

See this is the problem, the police don't act, so you get a non-mol - which takes time and isn't guaranteed- for them to then act?


Madness.


Im sorry I don't know the answer, I suspect the papers would be served and last known address.

johnnyboyc

Comms69 wrote: »

See this is the problem, the police don't act, so you get a non-mol - which takes time and isn't guaranteed- for them to then act?


Madness.


Im sorry I don't know the answer, I suspect the papers would be served and last known address.

Yeah, this is a tricky one. Thanks for the advice!

TBagpuss

Are you planning to apply on notice or without notice?

If you are applying without notice then if/when the order is made you'll need to get it personally served on the individual concerned, so you will need to be able to tell your process server where to find the person.

If you are applying on notice you will have to satisfy the Judge at the hearing that you have taken steps to ensure that the person has had notice of the hearing and application - posting it to their last known address is unlikely to be sufficient, so think about how you will be able to do that - for instance, where do they get their post? Do they have a smart phone to let you send a scanned copy of the application via text / facebook /email? If so, those may be things to consider.

Also bear in mind that if the application is made on notice, and the person doesn't come to court, you'll still need to then get the order personally served on them.

Have you logged the further harassment with the police and asked them to take steps to charge the harasser or pursue a restraining order.

phill99

You need to put down the last known address. The baliffs will contact you if they are unable to serve the notice. they are able to serve it on him at his work address.