Non-molestation orders can be issued by the court to protect survivors of domestic abuse from harm or threats of harm from the perpetrator of the abuse. Non-molestation orders are made in the Family Court and therefore apply in domestic settings. It is usually possible to apply for a non-molestation order if the perpetrator of the abuse is:
- Having or had a relationship with the person applying for the order (“applicant”);
- A family member of the applicant; or
- Someone the applicant lives or has lived with.
The government website provides helpful guidance in this regard.
What do you need to demonstrate to obtain a non-molestation order?
When deciding whether to make a non-molestation order, the court will have regard to all of the circumstances, including the need to secure the health (physical and mental), safety and well-being of the applicant and any relevant children. The court will be guided by the following three key principles:
- Is there evidence of the molestation which is occurring?
- Does the applicant or child need protection?
- Is judicial intervention required to control the respondent’s behaviour?
For the purposes of the above, all forms of domestic abuse amount to molestation. This includes, but is not limited to:
- Physical or sexual abuse;
- Violent or threatening behaviour;
- Controlling or coercive behaviour;
- Economic abuse; and
- Psychological, emotional or other abuse.
For more guidance on how to apply for a non-molestation order, please visit the government website.
What does a non-molestation order do?
Non-molestation orders prohibit the perpetrator from doing certain things which may include, but is not limited to, the following:
- Using or threatening violence against the applicant;
- Intimidating, harassing or pestering the applicant;
- Telephoning, texting, emailing or otherwise attempting to contact the applicant, including via social media; and
- Damaging, attempting to damage or threatening to damage any property belonging to the applicant.
Often, non-molestation orders will also order that the perpetrator should not instruct or encourage any other person to carry out any of the above actions, on their behalf.
The court can also implement a zonal exclusion order, which prevents the perpetrator from entering or attempting to enter a certain area. This may include the applicant’s home or their place of work. It can also include roads such as the road where they live.
Non-molestation orders can also be used to protect children. As well as the protections set out above, the non-molestation order may prevent the perpetrator from entering or attempting to enter the child’s school.
The court has discretion as to the length of the non-molestation order, typically they are put in place for 6-12 months, but it may be longer if the court considers it necessary. The court may also deem it appropriate to state that the order is enforce until further order, i.e. for an indefinite period of time or until the conclusion of other proceedings which are ongoing in the family court.
How long does it take to get a non-molestation order?
This is very much dependant on the circumstances of the case. In urgent cases, the court has the power to grant an order on the same day, without notifying the perpetrator. In other circumstances, the process can take a couple of weeks and both parties may be required to attend a hearing.
How are non-molestation orders enforced?
Breach of a non-molestation order is a criminal offence punishable by up to five years imprisonment.
Importantly, the court has the power to attach a power of arrest to a non-molestation order. This means that once a breach has been reported to the police, they can take immediate action and arrest the perpetrator. Where a non-molestation order has been breached, the police should be contacted at the earliest available opportunity, to enable them to take swift action.
Rayden Solicitors offer expert advice on domestic abuse and fixed fee consultations to discuss your situation. For a confidential conversation, please do not hesitate to contact us.
