What is a Non-Molestation Order?

A Non-Molestation Order is a protective order that prohibits a person from behaving in a certain way towards another person and/or a relevant child.

Who can apply?

Under the Family Law Act 1996 the applicant and respondent must be “associated persons”. An “associated person” could be a:

1. Spouse
2. Civil partner
3. Boyfriend/girlfriend or a person you are, or have been in an intimate relationship with
4. Relative i.e. parent/sibling
5. Father or mother of your child/children

What can a Non-Molestation Order prohibit?

• Violence or threats of violence
• Harassment
• Intimidating behaviour
• Coercive/controlling behaviour
• Stalking
• Communication directly or indirectly with you/the child(ren)
• Damage or attempts to damage property

A Non-Molestation Order can also include an “exclusion zone”. This means the respondent will be prohibited from entering or attempting to enter your home, place of work and will often include the surrounding area. It can also prevent the respondent from going within a certain distance of your child’s nursery/school.

Is there an immediate risk of harm?

If you are at immediate risk of harm, you can apply for a “without notice” or “ex-parte” NMO under s45 FLA 1996. The Court must consider all of the circumstances and in particular if:

1. There is a risk of significant harm to you or the child if the order is not made immediately
2. It is likely that you will be deterred or prevented from making the application if an order is not made immediately; and
3. The respondent is evading service of the proceedings and you or the child will be prejudiced by any delay

If an order is applied for on a “without notice” basis, this means the respondent will not be notified about your application or the first hearing, which is usually listed within a matter of days. The respondent would then be served with the order and invited to attend a “return hearing” where the respondent will have an opportunity to set out their position in relation to the order.

How long does a Non-Molestation Order last?

Non-Molestation Orders usually remain in place for 6 to 12 months.

What happens if the respondent breaches the order?

The first thing you must do is report any breach to the police. Breach of a Non-Molestation Order is a criminal offence which carries a maximum penalty of up to 5 years imprisonment.

What happens if I have been served with a Non-Molestation Order?

If you have been served with a Non-Molestation Order, you must abide by its terms whilst the order is in place. You should seek legal advice from a family lawyer as soon as possible. The Court will have listed the matter for a “return hearing” where you will be allowed to have your say. The Court may decide whether it needs to hear evidence to determine the truth of any allegations and then a decision will be made about whether the order should remain in place.

Support

If you think you need a Non-Molestation Order or if one has been made against you, please contact our child care team.

Our dedicated Child Care Team offers legal advice to parents and family members involved in this area of law. Should you require any assistance, please contact our Child Care Team on 01935 424581.