A non-molestation order is a type of injunction that can be obtained in the UK to protect a person from harassment or violence. Often referred to as domestic violence injunctions, they aim to prevent abusive, threatening or violent behaviour from a partner, ex-partner or family member.
Non-molestation orders contain legally binding conditions that the respondent must adhere to. If they breach any of the conditions, they can be arrested and prosecuted.
Who Can Apply For A Non-Molestation Order?
Non-molestation orders are most commonly obtained by victims of domestic abuse against their abusive partner or ex-partner. However, these orders can also be acquired by the following…
- A parent against an adult child
- Other family members against each other e.g. siblings, in-laws
- Unmarried couples who live together
- Same-sex couples
To apply for a non molestation order, you must be an ‘associated person’ of the perpetrator. This includes:
- Spouses and civil partners
- Ex-spouses and ex-civil partners
- Couples who live together or have lived together
- Parents of a child under 18
- Family relatives living together
The applicant does not need to have been married or in a civil partnership with the perpetrator, simply having lived together is sufficient. The order can also protect any children living with the applicant.
How To Apply For A Non-Molestation Order
To apply for a non-molestation order, you will need to fill out the relevant court forms, including a form FL401. Most people choose to enlist the help of a family law solicitor when applying.
You can apply for an emergency non-molestation order if you are at immediate risk of violence or harassment. This can be granted quickly without the perpetrator being notified but it only lasts a short time until the full court hearing.
If there is no immediate risk, you can apply for a full non-molestation order, which will involve a court hearing. The perpetrator is notified of the hearing date and can contest the order if they choose.
Having evidence to support your application will strengthen your case, such as medical reports of injuries, police records of call-outs or witness statements.
What Conditions Can Be Included?
The court can tailor the non-molestation order to your specific situation and concerns. Common conditions include prohibiting the perpetrator from:
- Using or threatening physical violence
- Intimidating, harassing or pestering
- Contacting the victim directly or indirectly
- Instructing or encouraging others to do any of the above on their behalf
Further conditions can include excluding the perpetrator from the family home or from a certain area, banning them from drinking alcohol or taking drugs, or protecting pets.
The prohibitions aim to prevent any form of physical violence, intimidation or harassment – whether in person, by phone, text, social media or through others.
How Long Do They Last?
If an emergency non-molestation order is granted, it will initially last about 1-2 weeks until the full court hearing.
At the full court hearing, a non-molestation order can last up to 12 months if it is deemed necessary. They can be extended further or discharged earlier if circumstances change.
Lifelong or indefinite orders are rare and only granted if the court believes there is a permanent risk.
The duration will depend on the circumstances and evidence presented. The court aims to provide protection for as long as genuinely needed.
What Happens If The Perpetrator Breaches The Order?
Breaching a non-molestation order is a criminal offence which can result in up to 5 years in prison. The police have the power to arrest someone who breaches the conditions without a warrant.
If the victim reports a breach, the police will investigate and may arrest the perpetrator if there is sufficient evidence. Things that may constitute a breach include:
- Attempting to make contact in person, by phone, text, social media, etc.
- Loitering nearby or watching the victim’s home
- Damaging their property
- Getting someone else to act on their behalf
The Crown Prosecution Service will then decide whether to pursue criminal charges.
How Effective Are Non-Molestation Orders?
Research shows that non-molestation orders are effective for the majority of recipients. Having legally binding conditions and the threat of criminal sanctions if breached can act as a deterrent.
However, they do not guarantee safety and work best alongside other measures like safety planning. It’s important to report any breaches promptly so enforcement action can be taken if needed.
While not 100% effective, they provide important legal protection that can empower victims to take action if their ex-partner attempts further abuse.
Getting Professional Help
Getting support is essential when applying for and living with a non-molestation order. Domestic abuse organisations can provide a variety of help from – legal assistance and safety planning, to on-going emotional support.
It is advisable to consult a family law solicitor when applying for a non-molestation order to ensure the best chance of success. The solicitor will help to guide you through the process and represent you at any court hearings needed.
Ongoing liaison with the police may also be needed to enforce the conditions and take action in case of breaches.
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