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How non-molestation orders can protect those facing domestic violence

For individuals trapped in the cycle of domestic violence, fear can be an overwhelming constant, particularly when children are involved.

The law offers several protections to those in need, with non-molestation orders standing out as one of the most vital legal safeguards available.

These orders are designed to prevent further abuse and to create a safer environment for you and your children.

What is a non-molestation order?

A non-molestation order is a type of injunction issued by the family court to protect victims of domestic violence.

Under the Family Law Act 1996, this order can prevent an individual – be it a partner, ex-partner, or close family member – from threatening, harassing, or abusing you or your children.

It can also restrict the abuser from making any contact with you, whether in person, through social media, or via third parties.

Importantly, breaching a non-molestation order is a criminal offence.

If the individual subject to the order violates its terms, they can be arrested by the police and face serious consequences, including imprisonment, fines, or both.

This makes the order a powerful tool in ensuring that the abuser is held accountable by the legal system.

The legal criteria for a non-molestation order

To apply for a non-molestation order, certain legal criteria must be met.

The applicant must have a personal relationship with the abuser such as being married, cohabitating, engaged, or having a child together.

The law also covers other close relationships, including those involving family members or intimate partners.

The court’s primary concern when issuing a non-molestation order is the safety and well-being of the applicant and any children involved.

The court considers the nature and history of the abuse, the likelihood of future harm, and the impact on the children.

Domestic violence is defined broadly under the law to include not just physical violence but also emotional, psychological, and financial abuse.

The court recognises that the impact of such abuse can be profound, particularly on children who, while not directly targeted, are deeply affected by the environment they live in.

How to apply for a non-molestation order

The process of applying for a non-molestation order begins with applying to the family court.

This can be done independently; however, it is advisable to speak to our experienced family law solicitors for assistance.

The application must include evidence of the abuse or harassment.

This evidence can take many forms, including witness statements, medical records, or police reports.

The court can issue an order on an ex-parte (without notice) basis, meaning the abuser is not notified in advance if there is an immediate risk of harm.

Ex-parte orders are particularly useful in urgent situations where notifying the abuser could escalate the danger.

What happens after the order is granted?

Once granted, the non-molestation order takes effect immediately, and the individual it is issued against must comply with its terms.

Breaching the order is a criminal offence under the Domestic Violence, Crime and Victims Act 2004.

The penalties for breaching the order include fines and prison sentences in severe cases.

The duration of a non-molestation order is typically between six months and a year, but it can be extended if necessary.

The court retains the discretion to modify or discharge the order if circumstances change.

If you find yourself in a situation where domestic violence is a concern, particularly with children involved, applying for a non-molestation order could be your best option.

If you require help with applying for a non-molestation order or would like to know more, please contact us.

Stuart Daniel

Director – Head of Family Department

I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.