Ambareen Huq, Legal Analyst
Ambareen works across a range of matters, including employment, civil claims for rape and sexual assault, and trafficking and forced labour.
A non-molestation order is a type of injunction issued by courts to protect you and your children from harm, including harassment, violence or threats of violence. The order applies to an “associated person” with whom you have a significant intimate relationship. This is typically a current or former spouse/civil partner, but the order can be applied to family members or anyone else you have had an intimate or close relationship with over a significant period of time.
If you are in immediate danger or need immediate protection from an “associated person” you can apply for a non-molestation order. A non-molestation order can protect you from an “associated person” from various forms of behaviour including, but not limited to, harassment, psychological abuse, and coercive and controlling behaviour.
What is molestation?
Molestation is defined as “deliberate conduct which interferes with the victim, whether by violence, intimidation, harassment, pestering or interference that is sufficiently series to warrant the intervention of the court.” It is important to note that non-molestation orders are typically issued when there is course of such conduct, i.e., non-molestation orders are not generally issued after a single incident of molestation. However, and crucially, there are exceptions to this.
Non-molestation orders are often sought in cases where physical violence is alleged. However, physical violence is not an essential requirement. For example, you may apply for a non-molestation order to protect you from ongoing abusive behaviour that is affecting your mental health, wellbeing, or ability to work or function.
Examples of conduct that a non-molestation order can protect you from include, are not limited to:
- Violence toward you or your children
- Threats of violence toward you or your children
- Pestering or harassing you or your children
What is a non-molestation order?
It is perhaps easiest to think of a non-molestation order as the family court’s version of a restraining order. It functions as a court injunction which prevents the offender (“respondent”) from contacting you or coming near you. Ignoring these court orders can amount to a criminal offence.
Who is an “associated person?”
As defined by the Family Law Act 1996, an “associated person” includes, but is not limited to:
- Spouses and former spouses
- Cohabitants and former cohabitants
- Parents and stepparents
- Children and stepchildren
- Grandparents
- Grandchildren
- Siblings and stepsiblings
- Uncles and aunts
- Nieces and nephews
How long does a non-molestation order last?
Non-molestation orders typically last anywhere between 6 to 12 months, though they can last as long as the court deems necessary.
What happens if someone breaches a non-molestation order?
Breaching a non-molestation order without reasonable excuse may constitute a criminal offence. This would render the offender liable to face arrest, prosecution or a fine. For a non-molestation order to be enforced, the non-molestation order must be served on the respondent. The police must be given a copy of this non-molestation order before they can make an arrest.
How can we help?
Abusive behaviour does not always take the form of physical violence. If your partner is behaving in a way that humiliates or intimidates you or is seeking to make you subordinate and/or dependent, you may be entitled to legal protection.
If you are a victim of abusive behaviour and want to discuss the legal protections available to you, we will be happy to arrange a no-cost consultation in the strictest confidence. Our solicitors will prioritise your case to ensure you are removed from danger as soon as possible. We will also help liaise with police and emergency services, should you wish us to.
Contact our team today for a free and confidential initial chat. Alternatively, to find out more about what we can offer you, visit our Family Law page.