What is a Non-Molestation Order?

A Non-Molestation Order is a Court Order which can be made under the Family Law Act 1996 (the Family Law Act). The purpose of a Non-Molestation Order is to prevent violence and/or harassment between “associated persons”. 

Who are “Associated Persons”?

The definition of “associated persons” within the Family Law Act is broad and may include, for example, relatives, cohabiting couples and couples in relationships of a “significant duration”. This does mean, however, that a Non-Molestation Order may not be suitable for couples in casual relationships or stalking victims who do not know the perpetrator.

What is “Molestation”?

There is no definition of a “molestation” in the Family Law Act. Case law is clear that there does not have to have been any physical violence for a Non-Molestation Order to be made. There must, however, have been conduct which is serious enough that the Court has to intervene to protect the health, safety and/or well-being of the person applying for the Non-Molestation Order, and/or any relevant child. 

How do I get a Non-Molestation Order?

The Court can make a Non-Molestation Order in any proceedings in the Family Court, even if no application has been made. This means that a Non-Molestation Order can be made during child arrangement proceedings, for example. 

Usually, before an application for a Non-Molestation Order is made, a warning letter should be sent to the person against whom the Order would be made. 

If an application to Court still proves necessary, the Court will consider the application and list a Hearing. Both parties would then attend the Hearing, although there may be special measures, such as screens and separate waiting areas, so that the parties do not see each other. 

In some cases, the person against whom the Non-Molestation Order is sought (known as the “Respondent”) may be invited to give an Undertaking (a formal promise to the Court) not to contact the Applicant in any way. Any breach of an Undertaking can then be punished as Contempt of Court. 

In some situations, an application may be made “without notice” to the Respondent. In these cases, the Court will consider the application and the supporting evidence without hearing from the Respondent. If the Order is made, it must then be served on the Respondent before it will come into effect. The Court will then list a further Hearing which the Respondent will be able to attend. 

Any breach of a Non-Molestation Order is a criminal offence, punishable if the terms of the Order are breached, the Respondent can be arrested, brought back before the Court and remanded in custody. 

For more information on Non-Molestation Order, please contact Rebecca Curran, Trainee CILEX Lawyer in the Family Law Department at SE-Solicitors at rcurran@se-solicitors.co.uk.