Non-molestation order Definition

GLOSSARY

/nɒn: 'məʊlɛˈsteɪʃ(ə)n/ /ˈɔːdə/

Published by a ��Ӱ�� Family expert

What does Non-molestation order mean?

An order obtained under Part IV of the Family Law Act 1996 protecting a party from 'molestation' prohibiting a person (the respondent) from molesting a person associated with the respondent or a relevant child.

There is no statutory definition of the term molesting although guidance can be elicited from case law. The leading case is Vaughan v Vaughan [1973] 3 All ER 449 where the court equated molestation with ‘pestering’. Molestation involves any form of physical, sexual or psychological molestation or harassment that has a serious impact on the health and well-being of the applicant. Violence is not a prerequisite. In accordance with the provisions of the Family Law Act 1996, a non-molestation order may only be granted to protect a person associated with the respondent or a relevant child as defined in that Act. Non-molestation order can also be known as: Injunction.

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An order obtained under Part IV of the Family Law Act 1996 protecting a party from 'molestation' prohibiting a person (the respondent) from molesting a person associated with the respondent

View the related practice notes about Non-molestation order

Non-molestation orders

This Practice Note explains the criteria that the court must have regard to when considering an application for a non-molestation order under Part IV of the Family Law Act 1996 (FLA 1996). It explains who can apply for a non-molestation order and who are associated persons under FLA 1996, Pt IV. It also considers the definition of molestation. It contains a summary of the provisions in the Domestic Abuse Act 2021 (DAA 2021).Under the Family Law Act 1996 (FLA 1996) a non-molestation order is an order prohibiting a person (the respondent) from molesting another person who is associated with the respondent or a relevant child.The court can make a non-molestation order: •if an application for the order has been made (whether in other family proceedings or without any other family proceedings being instituted) by a person who is associated with the respondent, or•if in any family proceedings to which the respondent is a party, the court considers that the order should be made for the benefit of any other party...

Procedure for an application for an occupation order

Procedure for an application for an occupation order This Practice Note sets out the procedure to apply for an occupation order under the Part IV of the Family Law Act 1996 (FLA 1996). It provides information about legal aid and explains the additional requirements in relation to without notice applications, the rules regarding service, provisions relating to undertakings and a power of arrest. It looks at drafting the order and the Standard order 10.2—occupation order. Applications An occupation order is an order under the FLA 1996, Pt IV conferring, declaring, restricting or regulating rights of occupation in the family home between parties who are in, or who have been in, certain categories of relationship. The procedure for an application for an occupation order under FLA 1996, Pt IV is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 10 and the supporting practice direction FPR 2010, PD 10A. An application under FLA 1996, Pt IV can be made to the Family Court...

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Standard order 10.1—non-molestation order

Standard order 10.1—non-molestation order In the Family Court sitting at [Court name] Case No: [Case number] Non-Molestation Order The Family Law Act 1996 The full name(s) of the child(ren) Boy or girl Date(s) of birth [Insert] [Insert] [Insert] [Insert] [Insert] [Insert] Before [name of judge] in private on [date] at a [type of hearing] Important notice to the respondent, [RESPONDENT NAME] of [RESPONDENT address] You must obey this order. You should read it carefully. If you do not understand anything in this order you should go to a solicitor, Legal Advice Centre or Citizens Advice Bureau. You have a right to apply to the court to change or cancel the order. Warning: if, without reasonable excuse, you do anything which you are forbidden from doing by this order, you will be committing a criminal offence and be liable on conviction to a term of imprisonment not exceeding five years or to a fine or both. Alternatively, if you DISOBEY this order, you MAY BE HELD TO BE IN...

Non—molestation and occupation orders—client guide

Non—molestation and occupation orders—client guide This document provides general guidance regarding injunctions to protect from domestic abuse available in the family courts. Your family lawyer will be able to provide specific advice based on your circumstances. Family homes and domestic abuse If you are suffering from violence, threats or intimidation, it is possible to apply in the family courts for an injunction to help protect you. There are two types of injunction: • a non-molestation order, and • an occupation order What is a non-molestation order? A non-molestation order prohibits your partner or spouse from using or threatening violence against you or your children, or intimidating, harassing or pestering you. It can contain very specific provisions depending on the particular type of harassment happening to you. Who can apply? To apply for a non-molestation order you must be an associated person, which is defined in the relevant legislation. Former and current spouses, civil partners and cohabitants are included, as well as fiancé(e)s, relatives, people living in the...

Dive into our 2 Precedents related to Non-molestation order

Where a respondent failed to attend a return hearing for an enforceable non-molestation order originally made without notice, do they need to be served with the final order for the non-molestation order to continue?

Where a respondent failed to attend a return hearing for an enforceable non-molestation order originally made without notice, do they need to be served with the final order for the non-molestation order to continue? Family Procedure Rules 2010, SI 2010/2955, 10.6(1) (FPR 2010) provides that in relation to applications made under Part IV of the Family Law Act 1996 (FLA 1996), the applicant must, as soon as reasonably practicable, serve the respondent personally with a copy of the order and, where the order is made without notice, a copy of the application together with any statement supporting it. Where an order is made by lay justices, a copy of the written record of the court’s decision must also be served personally. A non-molestation order made under FLA 1996, Pt IV will not be enforceable unless it can be shown that the respondent is aware of the order, so it is essential that the applicant complies with the requirements for service. The requirement for personal service applies regardless...

Can a non-molestation order that has expired be extended by the court retrospectively?

Can a non-molestation order that has expired be extended by the court retrospectively? Part IV of the Family Law Act 1996 (FLA 1996) (FLA 1996, s 30) makes provision for the Family Court to make orders regulating the use and occupation of property (an occupation order), and to provide protection from violence, harassment and other molestation (a non-molestation order). A non-molestation order can be made against a person who is “associated with” the applicant (this being defined in FLA 1996, s 63 and relating primarily to family members). By FLA 1996, s 42(7), a non-molestation order may be made for a specified period or until further order. By FLA 1996, s 49, a non-molestation order may be varied or discharged by the court on an application by the respondent or the person on whose application it was made. Such an application is made in Form FL403 (Application to vary, extend or discharge an order in existing proceedings), and it is common practice both to attach the original order and to provide...

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