Non-molestation
What is it?
Molestation covers incidents as serious as assaults all the way down to pestering and general harassment. It does not require violence or threats of violence. It covers any conduct constituting harassment which requires the protection of the Court.
A non-molestation Order prohibits a person from molesting/harassing another person or a relevant child. The power to make an Order is contained in section 42 of the Family Law Act 1996.
Who can apply?
The person you apply for an Order against is known as the respondent. To be able to apply you have to be an "associated person" as follows:
- you are or have been married to or civil partners of each other or have agreed to marry/enter into a civil partnership; or
- you have cohabited together; or
- you have lived together in the same household in a family scenario; or
- you have had an intimate physical relationship of significant duration; or
- you are parties to the same family proceedings.
For a child to be able to apply they need the Court's permission if aged under 16 and must live with or be expected to live with either party or be a child whose interests the court considers relevant. Applications for children are usually brought as part of a global application for protection, but there is nothing to stop them being brought in their own right.
What test applies?
The court takes into account all of the circumstances of the case. this includes the health, safety and well-being of the person applying (known as the Applicant) or any relevant child. You need to be able to prove molestation, a need for protection and that a Court Order is required to control the Respondent.
Where you are no longer together then the more time you have been apart the more significant a relationship is required to justify protection under this part of the law.
Where there is evidence of recent physical violence the Court will normally grant an Order immediately to provide protection until a full hearing can take place.
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