Protection against Abuse
Part 1 – Non Molestation Orders

Under the Family Law Act 1996, the Court are able to grant protection under a Non-Molestation Order prohibiting an ‘associated’ person from molesting another person or a relevant child.

A person is associated if:
a) they are or have been married;

b) they are or have been civil partners;

c) they are cohabitants or former cohabitants (living together as though they were husband and wife or civil partners);

d) they live or have lived in the same household other than merely by reason of being the other’s employee, tenant, lodger or boarder, for example, students or young people living in the same premises but without any type of commercial arrangement;

e) they are relatives e.g. father, mother, step-father, step-father, son, daughter, cousin, uncle, aunt, niece, nephew (please contact us to verify if your case falls within this category);

f) they have agreed to marry one another (whether or not that agreement has been terminated and the application is made within three years of termination);

g) they have entered into a civil partnership agreement;

h) they have or have had an intimate personal relationship with each other that is or was of significant duration;

i) they are both parents of a child or have parental responsibility for a child.

A child can also seek protection if they are living with or might be reasonably expected to live with either party to the application, or is subject to the Adoption Act 1976, the Adoption and Children Act 2002 or the Children Act 1989, or is a child whose interests the court considers relevant.

It should be noted that permission from the court is required for applications by children under the age of 16, which will only be granted if the court is satisfied that the child has sufficient understanding to make the application.

So what constitutes ‘molestation’? – any form of physical, sexual, psychological molestation or harassment that has a serious impact on the health and well-being of the applicant. Violence is not a pre-requisite. Abuse can also be related to financial matters. Controlling, coercive and threatening behavious are included too.

The Court will need as much evidence as possible to support allegations made against the party who is said to have been molesting the applicant and that the court needs to intervene to control the other person’s behaviour.

Emergency applications can be made without giving the other party any notice.

Orders once granted, will only activate once they are personally served on the other party.

Any breaches of a Non-Molestation Order automatically become a criminal matter, and are investigated by the police.

The penalty for being convicted for a breach of a non-molestation order is a fine and/or imprisonment for up to to five years.

If you believe you or someone you know requires protection, please contact us. We will be able to help guide them to get the relevant protection.

Please note that the above is for guidance only. If you require any specific advice for your particular circumstances, you are advised to contact us or seek specialist family law advice.