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 usually dealt with in the County Court in England and Wales.
What is a Non-Molestation Order?
Non-molestation orders are intended to safeguard victims from harm, intimidation, or harassment. They prevent the respondent from:
Using or threatening violence
Harassing, pestering, or intimidating the applicant
Contacting the applicant directly or indirectly
Approaching the applicant’s home or workplace
Who Can Apply?
Applicants must have a qualifying relationship with the respondent, such as:
Current or former spouses or partners
People who have lived together in an intimate relationship
Family members (parents, siblings, children)
Those sharing parental responsibility for a child
How to Apply
Applications are made under Part 10 of the Family Law Act 1996.
Without Notice Applications (Ex Parte): Used in urgent situations where immediate protection is needed.
With Notice Applications: The respondent is notified and given a chance to respond.
Criteria for Granting an Order
The court considers the health, safety, and wellbeing of the applicant and children. There doesn’t need to be proven violence, but the applicant must show a risk of harm or distress from the respondent.
Breach of a Non-Molestation Order
Breaching a non-molestation order is a criminal offense. Consequences can include:
Arrest without a warrant
Criminal charges with fines or imprisonment (up to 5 years)
Civil contempt proceedings in family court
Evidence Considered
Evidence may include:
Witness statements and testimony
Police reports or medical records
Threatening messages, emails, or letters
Duration and Modifications
Non-molestation orders are usually granted for a fixed period (e.g., 6–12 months) but can be extended. The respondent may also apply to vary or discharge the order if circumstances change.
Interaction with Other Orders
These orders often overlap with other family court proceedings, such as child arrangement orders or occupation orders, especially in domestic abuse cases.
Key Points for Respondents
Respondents must comply fully with the order to avoid criminal penalties. They also have the right to challenge an order made without notice at a return hearing.
Understanding non-molestation orders is vital for both applicants and respondents to ensure protection, compliance, and fair legal proceedings.
Please note: This information is for educational purposes only and is not legal advice. Always consult a qualified legal professional for guidance regarding your case.
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