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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]
[8]: 139 Parents for whom there is no evidence of abuse are able to apply to the court for a non-molestation order and use this as evidence for obtaining legal aid and are able to apply for means-tested legal aid to apply for this non-molestation order. Protective injunctions such as a non-molestation are the most common evidence given for ...
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]
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.
The United Kingdom currently recognizes four protection orders for victims of domestic abuse: Occupation Orders, Non-molestation Orders, Restraining Orders and Domestic Violence Protection Orders. [12] There is confusion surrounding when these orders apply and what conditions they can impose, with DAPOs and DAPNs seek to address.
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]
A court could order an ASBO only if such an order was "necessary". [34] Further, each prohibited act would usually be an act preparatory to a criminal offence, rather than the offence itself—but not always (see: Rabess v Commissioner of Police of the Metropolis [2007] EWHC 208 (Admin)). In addition, each prohibition itself had to be necessary.
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.