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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 ...
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 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]
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]
Jemma Mitchell was born and grew up in Australia, where her mother worked for the UK's Foreign and Commonwealth Office. [2] [3] She moved to the UK with her mother and sister after her parents' marriage ended, and studied at King Edward's School, Witley. In 2004 she attended King's College London to study a human sciences degree.
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.
Long title: An Act to make provision with respect to: divorce and separation; legal aid in connection with mediation in disputes relating to family matters; proceedings in cases where marriages have broken down; rights of occupation of certain domestic premises; prevention of molestation; the inclusion in certain orders under the Children Act 1989 of provisions about the occupation of a ...