Non-Molestation Orders
Protection from abusive behaviour
Article contributed by Naomi Wiseman
The remedy of a 'non-molestation order' may be available from the family court to prohibit abuse within families and relationships.
A non-molestation order is designed to protect from harm in the family context. This type of order is what is known as an ‘injunction’. Injunctions of this type are prohibitive, meaning they seek to stop someone from doing something. In an application to the court for this type of order, the allegedly abusive person is referred to as the ‘respondent’.
Some types of abuse may not be regarded as a criminal offence on its own and those applying for this type of order may find that the police will not take action in their case.
The non-molestation order can require the person it is aimed at not to intimidate, pester or harass, or encourage anyone else to do so. The order can require that person to stop communicating with the other person, including through social media. It can require them to stop coming within a certain distance of where the other person lives and sometimes where they work. If the people concerned still live together or the alleged abuser has a right to enter the other's home, see our page on occupation orders.
Non-Molestation Order Headlines
If you cannot afford legal representation but you need to apply for a non-molestation order you may be entitled to legal aid so it’s always best to check in case a legal aid solicitor can help you with your application.
Here is a video showing inside a return date hearing on Jade's application for a non-molestation and occupation order. This video is quite long, at 18 minutes, to ensure a fair understanding of how a judge might approach such an application. But remember, this video is an example using a fictional case, it is not legal advice and it may not be relevant to your situation. Always seek specialist legal advice.