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A non-molestation order is, in English law, a type of injunction that may be sought by a victim of domestic abuse against their abuser. [1] It is one of two types of injunction available under Part IV of the Family Law Act 1996 , the other being an occupation order . [ 2 ]
Non-molestation orders under the Family Law Act 1996 were amended to provide a criminal sanction for non-compliance, with a maximum sentence of 5 years' imprisonment. [3] The circumstances in which such orders could be imposed was extended to include same-sex couples and cohabiting couples on an equal footing with married couples.
Breaching a non-molestation order is a criminal offence. [19] Under the Domestic Violence Crime and Victims Act 2004, cohabiting same-sex couples are able to seek a non-molestation order. [20] Non-molestation orders sought for protection from domestic violence qualify for legal aid regardless of the applicant's income. [21]
In the United Kingdom, the statement is known as a Victim Personal Statement (VPS). For crimes that affect businesses, it is called an Impact Statement for Business (ISB). [ 4 ] The VPS was introduced in England and Wales in 1996 under the Victim's Charter. [ 5 ]
An occupation order is a type of injunction in English law. It is one of two types of injunction available under the Family Law Act 1996 , the other being a non-molestation order . [ 1 ] An occupation order is used to regulate who can live in the family home.
Louisiana lawmakers gave final approval to a bill Monday that would allow judges the option to sentence someone to surgical castration after the person has been convicted of certain aggravated sex ...
The Domestic Abuse Act 2021 [6] has created a single domestic abuse protection order to unify, though not necessarily replace, the current civil law protection orders such as non-molestation orders. [17] Although this Act has passed, currently the new domestic abuse protection orders that have been created have not come into force. [17]
An injunction should only be sought where no other form of remedy (for example, damages or rescission) would provide an adequate solution to the claims. [2] The substantive claim should be investigated and formulated as fully as possible before an interim injunction is sought. [2]