Obtaining Non-Molestation Orders

A Non-Molestation Order is an order obtained through the County Court. For those who wish to view the relevant legislation it is contained within section 42 of Family Law Act 1996.

An applicant will apply for the order and the person to whom it refers is known as the respondent. The order, if granted, prohibits the respondent from “molesting” the applicant.

The order would usually specify that the respondent cannot use or threaten violence but may also prohibit other, more general behaviours, which amount to harassment or causing distress. An example might be unwanted frequent contact.

WHO CAN APPLY

The applicant and respondent must be what is defined as “associated persons.” This is a wide term and incorporates any individuals in an intimate relationship, or who have been in an intimate relationship, close family members, those who have a child together, current or ex-partners.

HOW CAN YOU APPLY

The applicant can apply via the Civil Court through solicitors, usually Family Law solicitors, or by completing a FL401 form themselves. An application can also be made during the course of family proceedings.

There is no statutory definition of “molestation” and so, the courts will tend to refer to case law in assisting with whether a certain behaviour amounts to molestation. Any act of violence or threats of violence would qualify as grounds to grant an order. Sending threatening letters and sending semi-nude photographs of an ex-partner to the local newspaper has also been shown to qualify.

In general, a court would expect to see some form of harassment before granting an order. Acts which are viewed as being an invasion of privacy which merely damages ones reputation would not usually be sufficient. An act would need to be viewed as committed with the intention of causing distress to the applicant to be sufficient.