Understanding A Non-Molestation Order


Posted on: June 4th, 2024

What is a Non-Molestation Order?

A Non-Molestation Order, often referred to as an injunction, is a legal measure designed to protect individuals from harassment or abuse by someone they are closely associated with. This can extend to protecting children who might be at risk of molestation.

 

Who Can Benefit from a Non-Molestation Order?

Non-Molestation Orders are available to victims of various forms of domestic abuse, which can include physical, emotional, financial, sexual, or online abuse, as well as coercive control.

 

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Defining an Associated Person

An associated person, as defined under section 62(3) of the Family Law Act 1996, includes individuals in the following categories:

  • Married or formerly married
  • Civil partners or former civil partners
  • Cohabitants or former cohabitants
  • Those who have lived together in any capacity, including as employer/employee or landlord/tenant
  • Relatives
  • Individuals who have agreed to marry each other (regardless of whether the agreement has ended)
  • Those in an intimate relationship of significant duration
  • Parties to a civil partnership agreement (even if it has been terminated)

For children, an associated person can be:

  • A parent or someone with parental responsibility
  • An adoptive parent or someone who has applied for an Adoption Order
  • Someone whose child has been placed for adoption
  • A person associated with the child in the aforementioned ways

 

What is the Process?

 

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What Does a Non-Molestation Order Do?

A Non-Molestation Order can:

  • Prohibit the respondent from harassing or pestering the applicant
  • Prevent any form of domestic abuse
  • Restrict the respondent from contacting the applicant via phone, email, or text
  • Set boundaries, such as keeping the respondent away from the applicant’s property

 

These orders typically last for 6 to 12 months but can be extended indefinitely under special circumstances.

How do I know if I can get a Non-Molestation Order?

You can get a Non- Molestation Order by making an application called FL401 and providing the Court with the applicant and a supplementary statement.  It is essential that advice is obtained from a solicitor’s firm that is specialised within Family Law.

If you contact us on 01642 777 680 or alternatively email us at enquiries@cygnetlaw.co.uk we can provide you with advice and complete all the necessary documentation to go before the Court.

 

Caprillindo

 

Written by Capri Lindo – Trainee Legal Executive

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