What is a Non Molestation Order?

A Non Molestation Order is a type of injunction issued by the family court to prevent an individual (the respondent) from molesting another person (the applicant) or relevant children. While ‘molestation’ isn’t explicitly defined in the Family Law Act 1996, it usually includes behaviours such as violence, threats, harassment and any conduct that negatively impacts the health, safety or wellbeing of the applicant or their children.

Who can apply for a Non Molestation Order?

To be eligible to apply for a Non Molestation Order, you must be an “associated person” with the respondent. The law recognises several categories of association:

• Current or Former Spouses or Civil Partners: Individuals who are or have been married or in a civil partnership.
• Cohabitants or Former Cohabitants: Those who live or have lived together in an intimate relationship.
• Family Members: Parents, children, siblings, grandparents and other relatives.
• Individuals with Parental Responsibility: Persons who share or have shared parental responsibility for a child.
• Intimate Personal Relationships: Individuals who have had an intimate personal relationship of significant length, even if not cohabiting.

If you’re under 16, you will need the court’s permission to apply.

Grounds for a Non Molestation Order

The court will consider several factors when deciding whether to grant a non Molestation Order:

1. Evidence of Molestation: There must be clear evidence of molestation, such as physical violence, threats, harassment or emotional abuse.
2. Need for Protection: The applicant or relevant children must require protection from the respondent’s behaviour.
3. Balance of Probabilities: The court must be satisfied that, on the balance of probabilities, the respondent’s behaviour is unacceptable and that intervention is necessary.

It is crucial to provide detailed and specific evidence of the respondent’s behaviour, including dates, times and descriptions of incidents, to support your application.

The application process

Applying for a non Molestation Order involves several steps:

1. Seek Legal Advice: Consulting a solicitor experienced in family law can help you understand the process and prepare your application effectively.
2. Complete the Application Forms: You will need to fill out Form FL401 (Application for a Non Molestation Order) and, if you wish to keep your address confidential, Form C8.
3. Submit the Application: File the completed forms with the family court, along with any supporting evidence which is usually a statement setting out details of the respondent’s behaviour.
4. Court Hearing: The court will schedule a hearing where both you and the respondent can present your cases.
5. Court Decision: If the court grants the order, it will specify the terms, including any restrictions on the respondent’s behaviour.

In urgent situations, you can apply for an emergency (ex parte) order without the respondent being aware of the application or present at the first hearing. If granted, a further hearing will be scheduled promptly, on notice to the respondent to review the order and whether any further hearings are required thereafter.

Duration and enforcement

Non Molestation Orders typically last between six months and a year, but they can be extended if necessary.

Breaching a Non Molestation Order is a criminal offence. If the respondent violates the order, you should contact the police immediately. Penalties for breaching the order can include fines, imprisonment or both.

Differences between Non Molestation Orders and other orders

It’s important to distinguish Non Molestation Orders from other legal orders:

• Occupation Orders: Regulate who can live in the family home and under what conditions, often used in cases of domestic abuse or separation.
• Restraining Orders: Issued in criminal courts to prevent contact between the offender and the victim, typically after a conviction.

Non Molestation Orders are specifically designed to address abusive or threatening behaviour within familial or intimate relationships.

Support and resources

If you’re considering applying for a Non Molestation Order, support is available:

• Legal Support: Seek advice from expert family law solicitors such as Sinclair Law. We offer a free 30-minute consultation for new clients.
• Domestic Abuse Helplines: Organisations such as Refuge, Women’s Aid and Men’s Advice Line offer confidential support and guidance
• Police: In immediate danger, contact the police by dialling 999.

Conclusion

A Non Molestation Order is a crucial legal measure to protect individuals from abusive or threatening behaviour. Understanding the criteria, application process and potential outcomes can empower you to take the necessary steps to ensure your safety and well-being.

If you or someone you know is experiencing domestic abuse, don’t hesitate to seek legal advice and support from trusted organisations.

Contact us today

Reach out to our team today to take the first step toward protection and peace of mind. Sinclair Law Solicitors offers a free 30-minute consultation to discuss individual circumstances and provide tailored legal guidance.

Complete the call back form below or:

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📧 Email: contact@sinclairlaw.co.uk

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