This article discusses issues that schools should be aware of when dealing with allegations of...
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A non-molestation order prohibits a person from “molesting” another person or a child with whom they are considered to be associated. It usually defines particular acts of abusive behaviour with the standard wording being that a specific named person MUST NOT:
It may also include further restrictions, such as to not make contact with the applicant or to prevent the respondent from going to the applicant’s place of work or home.
A person is considered to be associated with another person if:
An application has to be made to the Family Court. Depending on the circumstances of the case, this application might be either “without notice” (where the alleged abuser is not aware of the application) or “with notice” (where the alleged abuser knows about the application and can attend the hearing). Where the initial hearing is without notice it is likely that there will be a further hearing listed so that the alleged abuser has an opportunity to respond to the allegations.
The court also has the power to make non-molestation orders in any family proceedings in which the respondent is a party, even if no application has been made.
When considering whether to make an order the Judge must consider all of the circumstances, including the need to secure the health, safety and wellbeing of the applicant and of any relevant child.
The order is usually made for a specific period of time but it can be in effect until a further order is made.
An alleged breach may be treated in one of two ways;
a) The alleged breach of the non-molestation order can be reported to the police.
A person who without reasonable excuse does anything which he/she is prohibited from doing by a non-molestation order is guilty of a criminal offence.
A person found guilty of this offence can be sentenced to imprisonment for up to five years and/or can be given a fine
b) Alternatively, a breach of a non-molestation order can be treated as a contempt of court.
It is strongly recommended that you seek legal advice right away.
Your options include:
Our specialist family lawyers can help you make a non-molestation order application as well as urgently address other issues that might be worrying you, such as occupation orders, care of children, divorce and finances. We always provide you with advice that aims to secure the best outcome for you.
Staff re-order for domestic abuse