How a Non-Molestation Order (injunction) protects you from harassment, abuse and unwanted contact

How a Non-Molestation Order (injunction) protects you from harassment, abuse and unwanted contact

A Non-Molestation Order, also known as an injunction, is one of the most important legal protections available to individuals experiencing harassment, abuse or threatening behaviour from a partner, ex-partner or family member.  It is designed to provide immediate safety and peace of mind, often at a time when emotions are high and circumstances feel overwhelming.

In this blog, we explain what a Non-Molestation Order is, what it does, the benefits of applying for one, how the process works and the role a family lawyer plays in securing this type of protection.

What is a Non-Molestation Order

A Non-Molestation Order is a type of injunction made under the Family Law Act 1996.  Its purpose is to protect an individual and, often, their children from abusive or harmful behaviour by someone with whom they have a close personal relationship. The offender must be an associated person under s.62 of the Family Law Act 1996.

“Molestation” is interpreted broadly by the courts.  It doesn’t just refer to physical violence, it can include verbal, emotional, psychological and financial abuse.  A Non-Molestation Order can be used to prevent a wide range of behaviours against the applicant or their child or children including:

• Physical abuse or threats of violence
• Harassment, intimidation, or coercive control
• Repeated unwanted contact or messaging
• Verbal abuse or threatening behaviour
• Turning up at someone’s home, workplace or school
• Posting or publishing about the applicant in print or digitally
• Causing damage to possessions or home

Breaching a Non-Molestation Order is a criminal offence and as such, a breach can result in arrest, fines or imprisonment.

What does a Non-Molestation Order do?

A Non-Molestation Order places clear legal restrictions on the other person’s behaviour.  The exact terms will depend on the circumstances, but commonly the injunction will prohibit the respondent from doing any of the above.

The injunction is designed to provide immediate protection and create enforceable boundaries.  In urgent cases, a Non-Molestation Order can be granted quickly, sometimes on the same day, and without the other person being present (without notice application), whilst also listing the matter for a return hearing for the respondent to be heard.

Sometimes, the Court may also grant an Occupation Order, prohibiting an individual from residing in a property, even if they have a legal or beneficial interest.

What are the benefits of obtaining a Non-Molestation Order?

There are several important benefits to obtaining a Non-Molestation Order, particularly for those experiencing ongoing fear or distress.

A Non-Molestation Order offers fast, enforceable protection at a time when safety may be at risk and as breaching a Non-Molestation Order is a criminal offence, it carries serious consequences which often acts as a strong deterrent.

An injunction also provides clarity.  It will clearly set out what behaviour is not allowed, reducing ambiguity and ongoing conflict.

When children are involved, Non-Molestation Order can include protections for children, offering reassurance to parents concerned about their safety.

And from a more personal perspective, simply knowing there is a court order in place can provide significant emotional relief and help individuals regain a sense of control.

How do you get a Non-Molestation/ Occupation Order?

The process of applying involves several key steps.

First, an application is made to the Family Court using Form Fl401.  The applicant must explain the relationship between the parties to ensure that the individual qualifies as an “associated person” and provide evidence of the behaviour that makes the injunction necessary.  This may include witness statements, messages, call logs, or previous police involvement; in a chronology order, addressing the most recent, most serious and first incident(s).  It is advised that the victim always contacts the police in the first instance, for the opportunity to gain protection under the criminal law. In urgent situations, the court can grant a Non-Molestation Order on a without notice basis.  This means the order is made without the respondent being informed beforehand, to ensure the applicant’s safety.

Once the injunction is granted, it must be personally served on the respondent unless the court directs otherwise.  A further hearing may then be listed, giving the respondent an opportunity to respond before the court decides whether the injunction should continue.

Non-Molestation Orders are usually granted for a fixed period, commonly between 6 and 12 months, but they can be extended if protection is still required.

If a family lawyer determines you not to have sufficient merits in the first instance, a warning letter to the other party may be suggested asking them to refrain from the harassing behaviour, prior to a court application being made in the event their behaviours continue.

The role of a family lawyer in a Non-Molestation / Occupation Order

A family lawyer plays a vital role in applying for and securing an injunction under the Family Law Act.  Their involvement can make the process smoother, faster, and far less stressful.

A family lawyer will:

• Assess whether a Non-Molestation Order, Occupation Order or both is appropriate and whether the applicant has sufficient merits
• Prepare the application and supporting evidence
• Draft a clear and effective witness statement
• Request urgent or without notice protection where needed
• Represent you at court hearings
• Ensure the injunction is properly drafted, served and enforceable
• File the sealed order with the police so they can record it on their database to be considered in the event they are contacted to arrest the respondent following a breach of the order

Importantly, a family lawyer will also ensure that the wording of the injunction provides meaningful protection without being overly broad or unclear, reducing the risk of future disputes.  They can also advise on related protective measures, such as, child arrangements or ongoing family proceedings.

Finally, taking legal advice early is critical, it is important that the application is completed within a short time frame of the abuse occurring to strengthen the merits of the case

We understand that deciding to apply for a Non-Molestation Order will feel daunting, particularly during an already difficult period.  Early legal advice ensures that your application is strong, your evidence is clearly presented, and your safety is prioritised from the outset.  A family lawyer understands how the courts approach Non-Molestation Orders and can guide you through each step with sensitivity and professionalism.

If you are experiencing behaviour that makes you feel unsafe or fearful, contact our family law team to discuss whether a Non-Molestation Order could protect you from further abuse, harassment and intimidation.

For further advice contact Stephanie Smart on 0114 266 6660 or email [email protected]

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