Domestic Abuse and how a Non-Molestation Order Can Help Protect You

Today, on day three of Sexual Abuse and Sexual Violence Awareness Week, we are discussing domestic abuse, non-molestation orders and how they are able to protect you. 

Anyone can be a victim of domestic abuse or violence and anyone can be a perpetrator of domestic abuse. Within the Family Law Act1996 a victim of domestic violence can protect themselves by applying to the court for a Non-Molestation Order / injunction.

This application can be issued on notice or without notice. This means that if the application is issued without notice, the Respondent is not made aware of the application until an Order has been made. The Respondent will be served with the application and the Order and would attend the return hearing providing them with an opportunity to state if they agree with the Order.

If the application is issued on notice, the Respondent would be notified of the proceedings and a court date would be listed for both parties to attend court, prior to any order being made. 

What is a Non-Molestation Order?

A Non-Molestation Order is an Order of the Court that prohibits the Respondent (must be a sufficiently connected person, see below)from unwanted behaviours including molesting, using or threatening violence, harassing or even contacting you. The court can make a Non-Molestation Order in the following circumstances: 

1. if an application for the Order has been made by a person who is associated with the Respondent, or; 
2. if in any family proceedings to which the Respondent is a party, the court considers that the Order should be made for the benefit of any other party to the proceedings or any relevant child even though no such application has been made.

Who is classed as a ‘sufficiently connected person’?

For you to be eligible to apply for a Non-Molestation Order, the Respondent must be a sufficiently connected person. If they are not classed as a connected person, then you would have to apply for a Protection from Harassment Injunction. Connected persons are described as when the parties: 

1. are or have previously been married; 
2. are or have previously been civil partners; 
3. are cohabitants or former cohabitants; 
4. live or have lived in the same household otherwise than merely by reason of one being the other’s employee, tenant, lodger or boarder; 
5. are relatives—relatives are defined as: the father, mother, step-father, step-mother, son, daughter, step-son, step-daughter, grandmother, grandfather, grandson or granddaughter of that person or of that person’s spouse, former spouse, civil partner or former civil partner, or; the brother, sister, uncle, aunt, niece or nephew or first cousin (whether of the full blood or of the half blood or by marriage or civil partnership) of that person or of that person’s spouse, former spouse, civil partner or former civil partner; 
6. have agreed to marry one another; 
7. have entered into a civil partnership agreement, as defined by the Civil Partnership Act 2004 (CPA 2004); 
8. have or have had an intimate personal relationship with each other that is or was of significant duration; 
9. in relation to any child they are both either a parent or have parental responsibility for the child; 
10. are parties to the same family proceedings. 

What does a Non-Molestation Order do?

The Order will forbid the Respondent from a variety of things that should provide the Applicant with some protection, including but not limited to, using or threatening violence against the Applicant, intimidating, harassing or pestering the Applicant, attending their property, encouraging any other person to do what they are forbidden to do etc. 

When is a Non-Molestation Order valid?

The Non-Molestation Order will be valid upon service of the same to the Respondent. The order usually expires 12 months from the date it was made unless otherwise ordered by the court.