Non-Molestation Order

A non-molestation order is an order made under Part IV of the Family Law Act 1996 prohibiting one party from molesting another person or a relevant child. Molestation includes violence, intimidation, harassment, and pestering. The order can be made in family proceedings or as a freestanding application. Breach without reasonable excuse is a criminal offence under s.42A of the Act.

In practice

Applications are made to the family court under the Family Procedure Rules 2010. Without-notice applications are permitted in cases of urgency or where the applicant would be deterred or prevented from pursuing the application if notice were given. Since 2007, breach has been a criminal offence prosecuted by the police, removing the need for separate committal proceedings.