Obtaining Non-Molestation Orders
What is a non-molestation order?
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:
- Use or threaten violence against the applicant or relevant child
- Harass, Intimidate or Pester the applicant or relevant child
- Instruct or encourage anyone else to do the above
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.
Who are considered as ‘associated’ people?
A person is considered to be associated with another person if:
- they are or have been married to each other;
- they are or have been civil partners of each other;
- they are cohabitants or former cohabitants;
- they live or have lived in the same household, other than merely by reason of one of them being the other’s employee, tenant, lodger or boarder;
- they are relatives;
- they have agreed to marry one another, whether or not that agreement has been terminated;
- they have or have had an intimate personal relationship with each other, which is or was of significant duration;
- they have entered into a civil partnership agreement (as defined by section 73 of the Civil Partnership Act 2004), whether or not that agreement has been terminated;
- in relation to a child, they are a parent of the child or have parental responsibility; or
- they are parties to the same family proceedings.
How do I obtain a non-molestation order?
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.
How long does a non-molestation order last?
The order is usually made for a specific period of time but it can be in effect until a further order is made.
What happens if a non-molestation order is breached?
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.
I have been served with an application for a non-molestation order. What should I do?
It is strongly recommended that you seek legal advice right away.
Your options include:
- to defend the application
- to agree to an order being made (this can be done on the basis that you do not accept the allegations but you still agree to the order being made)
- to offer undertakings, which means that a formal promise is made to the court not to do the things that might otherwise be ordered; breach of an undertaking is not treated as a criminal offence but is considered a contempt of court.
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.
