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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]
Breach of non-molestation order Female Genital Mutilation Act 2003, [31] s.5A: Breach of a Female Genital Mutilation protection order Family Law Act 1996, [32] s.42A: Breaching non-molestation order Family Law Act 1996, [32] s.63A: Breach of forced marriage protection order Public Order Act 1986, [33] s.4: Fear or provocation of violence
[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 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]
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.
Part IV set out the mechanisms and principles related to family homes (in particular notices affecting land given under the Land Registration Act 2002 as amended), occupation orders, non-molestation orders and domestic violence orders and principles. Sections 30 and 31 concern the award of a statutory licence to occupy a home.
Ensuring better age-verification processes online. Issuing regular public awareness campaigns to inform the public on how to spot potential abuse and how to report it. Amending the Children Act 1989 to allow children to apply for a court order to prevent a local authority exercising its parental responsibilities over them.
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