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Family Law: What is a non-molestation order?

September 3, 2020

You can apply for a non-molestation order to prevent a person, who is called the Respondent, from molesting you or a relevant child. Non-molestation orders are often used to protect a person from violence, harassment and threats.

You can usually apply for a non-molestation order against someone who is “associated” with you. This will apply in the following circumstances:

  • You were married to them or in a civil partnership with them or intended to be;
  • You were cohabitants or intended to be;
  • You live or lived in the same household in a familial relationship;
  • You are relatives;
  • You have or have had an intimate personal relationship with them.

For an application in relation to a child, the Respondent must be their parent or have parental responsibility for them.

The application to the court is made on Form FL401 and there is no fee payable. The application can be made without notice to the Respondent if it is an emergency. The court will decide whether this is appropriate. Once you have made your application, you may need to attend a court hearing.

The court will consider all the circumstances, including the need to secure your health, safety and well-being and of any relevant child before making the non-molestation order.

The non-molestation order usually prevents the Respondent from going to or entering a defined area, such as certain rooms in a home, a particular building, or within a certain distance of your home or place of work. If an order is made by the court, it usually lasts for between three to 12 months, but this will depend on the discretion of the court.

If the Respondent breaches the non-molestation order, it is a criminal offence and a contempt of court.

Wallace Robinson & Morgan is happy to help if you would like advice about applying for a non-molestation order. If you would like to discuss your matter, please call and ask to speak to a member of the Family law team on 0121 705 7571.

This article is for general information purposes only. It does not constitute technical, financial, legal advice or any other type of professional advice and is no substitute for specific advice based on your individual circumstances. We do not accept responsibility or liability for any actions taken based on the information in this article. For more information, please click here.