Non Molestation in the Family Court 

A non-molestation order is a type of injunction under the Family Law Act 1996 designed to protect individuals and their children from domestic abuse, harassment, or violence. These orders are often dealt with in the County Court in England and Wales during family proceedings. Below is a detailed explanation of key aspects of non-molestation orders in the context of family hearings:

1. Purpose and Scope of a Non-Molestation Order

• Purpose: To safeguard victims of domestic abuse from further harm, intimidation, or harassment.
• Scope: Prohibits certain actions by the perpetrator (referred to as the respondent), such as:
  • Violence or threats of violence.
  • Harassment, pestering, or intimidation.
  • Contacting the applicant in certain ways, either directly or indirectly.
  • Coming near the applicant’s home or workplace.

2. Who Can Apply?

An applicant must have a qualifying relationship with the respondent:

• Current or former spouses or partners.
• Individuals who have lived together in an intimate relationship.
• Family members (e.g., parents, siblings, or children).
• People who share parental responsibility for a child.
• Individuals in significant emotional or familial relationships.

3. Application Process

• Filing: Applications are made under Part 10 of the Family Law Act 1996.
• Without Notice Applications: In urgent cases where the applicant is at immediate risk, they may apply without notifying the respondent. These are often referred to as ex parte applications.
• With Notice Applications: If there is no immediate risk, the application will proceed on a with-notice basis, giving the respondent an opportunity to respond.

4. Criteria for Granting a Non-Molestation Order

The court considers:

• The health, safety, and well-being of the applicant and any relevant children.
• The necessity of the order to protect the applicant.
• No specific proof of violence is needed, but there must be a demonstrable risk of harm or distress caused by the respondent.

5. Breach of a Non-Molestation Order

• Since 2007, breaching a non-molestation order is a criminal offense under the Domestic Violence, Crime, and Victims Act 2004.
• The breach can lead to:
  • Arrest without a warrant.
  • Criminal charges with penalties including fines or imprisonment (up to 5 years).
  • Alternatively, the applicant can initiate civil contempt proceedings in family court.

6. Role of Evidence in Hearings

Evidence in family hearings for non-molestation orders can include:

• Witness statements and testimony from the applicant.
• Police reports or medical records indicating abuse or harm.
• Any documented communication (e.g., threatening texts, emails).

7. Duration and Modification

• A non-molestation order is typically granted for a fixed period (e.g., 6 months or 1 year) but can be extended if necessary.
• The respondent may apply to vary or discharge the order if circumstances change..

8. Overlap with Other Family Court Orders

• Non-molestation orders often coincide with other family court proceedings, such as child arrangement orders or occupation orders, particularly in cases of domestic abuse.

9. Key Considerations for Respondents

• A respondent served with a non-molestation order must comply fully with its terms to avoid criminal penalties.
• Respondents have the right to challenge the order at a return hearing if the order was made without notice.

Understanding the procedures and implications of a non-molestation order is crucial for both applicants and respondents to ensure protection, compliance, and fair legal proceedings.

Please note non of this is Legal Advice