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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.
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]
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.
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 ...
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.
If the application is made without notice, the applicant and his solicitors owe particular duties to the court including that they must make a fair presentation to the court of the material facts and the law relevant to the application (the general duty of full and frank disclosure applies).