Family breakdowns can sometimes involve behaviour that is threatening, intimidating or abusive. In these situations, legal protection may be necessary to safeguard the wellbeing of those affected and prevent further harm. A non-molestation order is designed to protect individuals and children from abusive behaviour by placing clear legal restrictions on another person’s conduct.
Understanding how non-molestation orders work can help you take appropriate steps to protect yourself and your family.
What Is a Non-Molestation Order?
A non-molestation order is a court order made under the Family Law Act 1996. It is intended to protect someone from harassment, threats, violence or controlling behaviour by a person they are associated with, such as a spouse, former partner or family member.
The order can prohibit a range of behaviours, including contacting, intimidating or approaching the protected person. It may also include restrictions relating to children or attendance at certain places, such as the family home, workplace or a child’s school.
Non-molestation orders are commonly used in situations involving domestic abuse, including physical violence, emotional abuse, coercive control, repeated harassment or threatening behaviour. The protections provided by the order are tailored to the circumstances of each case and can be adapted to address specific risks faced by the applicant.
Who Can Apply for a Non-Molestation Order?
Applications can usually be made by people who are connected through family or personal relationships. This includes married couples, former partners, civil partners, people who are living together and certain family members.
The court will consider the nature of the relationship, the behaviour complained of and whether the order is necessary to provide protection. The safety and wellbeing of any children involved will also be taken into account.
In many cases, applications are made following a separation where communication or behaviour has become abusive or threatening. However, an order may also be appropriate where parties are still living together if there are concerns about ongoing intimidation, harassment or violence.
How Does the Court Approach Applications?
The court’s primary concern is the protection of the applicant and any children affected. Evidence such as messages, emails, photographs, medical records, police involvement or witness statements may be considered when deciding whether to grant an order.
When making its decision, the court will assess whether the applicant or any child is at risk of harm and whether legal protection is necessary to prevent further incidents. The court may also consider the impact the behaviour has had on the applicant’s emotional wellbeing and day-to-day life.
In urgent situations, the court can make a temporary order without first notifying the other person. This is known as a “without notice” application. A further hearing will then usually take place to allow both parties to present evidence before a final decision is made.
How Long Does a Non-Molestation Order Last?
The length of a non-molestation order will depend on the circumstances of the case. Some orders are made for a fixed period, such as six or twelve months, while others may remain in place until a further order of the court.
When deciding how long the order should last, the court will consider factors such as the seriousness of the behaviour, whether there is an ongoing risk of harm and the need to protect any children involved.
If protection is still required when the order is due to expire, it may be possible to apply for an extension. The court will consider whether the risks and concerns that led to the original order remain ongoing. Evidence of further incidents or breaches of the order may also be taken into account.
In some cases, the court may also vary the terms of an order if circumstances change after it has been made.
What Happens if the Order Is Breached?
Breaching a non-molestation order is a criminal offence. If the order is broken, the police can take action and the respondent may face arrest, prosecution, fines or imprisonment depending on the seriousness of the breach.
Examples of breaches can include sending threatening messages, attending prohibited locations, attempting unwanted contact or encouraging others to intimidate the protected person on their behalf.
The existence of an order provides clear legal protection and can help prevent further abusive or threatening behaviour. It can also provide reassurance and clarity about what conduct is prohibited.
Key Considerations
Non-molestation orders are intended to provide immediate protection and reassurance during difficult circumstances. Acting quickly, gathering evidence and seeking early legal advice can help ensure that appropriate safeguards are put in place effectively.
It is also important to consider whether additional legal measures may be required alongside a non-molestation order, particularly where children, housing arrangements or ongoing family proceedings are involved.
We Can Help
Experiencing threatening or abusive behaviour can be extremely distressing. Our family law specialists can provide clear and sensitive advice about applying for a non-molestation order and the legal protections available to you.
If you need advice about obtaining a non-molestation order or protecting yourself and your family, contact us to discuss your situation.
