The typical terms of the Non Molestation Order

Jun 6
08:22

2017

Innes Donaldson

Innes Donaldson

  • Share this article on Facebook
  • Share this article on Twitter
  • Share this article on Linkedin

The typical terms of the Non Molestation Order. What this contains and how this works overall as a process.

mediaimage
What is likely to be in the terms of the Non Molestation Order?

The following are standard terms usually found in a Non Molestation Order:

The Respondent must not:

  • Use /threaten any unlawful violence against you
  • Enter or come within 100 metres of your address
  • Communicate with you whether by letter,The typical terms of the Non Molestation Order Articles text message or other means of communication except through your solicitor
  • Harass, pester or molest you
  • Instruct or encourage any other person to do anything which is forbidden by the order.

There can also be other terms if your statement contains examples/threats of a similar nature. For example:

The Respondent must not:

  • Use/threaten to use any unlawful violence towards any children
  • Damage/attempt to damage/threaten to damage any property belonging to you or jointly owned by you and the Respondent
  • Damage/attempt to damage/threaten to damage any of the contents of the your home
  • Enter or come within 100 metres of other addresses you are likely to be found (e.g. your place of work, your parents' address etc.)

To apply for a Non-Molestation Order you will need to complete Form FL401. As and where this may be the case, you can be sure there is guidance and advice available online to help make this an easier process. If you wish to keep your address or phone number confidential, you will also need to complete a form titled C8—making sure you make it clear that your address is confidential. The Family Procedure (Amendment) Rules 2017, which come into force on 6 April 2017, amend the Family Procedure Rules 2010 Parts 10 (applications under Part 4 of the Family Law Act 1996) and 11 (applications under Part 4A of the Family Law Act 1996) respectively to ensure that applicants for occupation or non-molestation orders under Part 10 do not, in person, hand over papers to respondents.