Understanding Non-Molestation Orders

Unfortunately, as family lawyers, we are increasingly coming across cases where domestic abuse is an issue. Fear of repercussions can often deter someone from leaving an abusive relationship, and it is not uncommon for a person to stay in a hostile environment for years.  Often, people believe their only recourse is to seek police intervention, which isn’t always something they wish to do, being unaware that Family Law Act orders are available in the civil court to protect victims of domestic abuse from further harm, assisting them to leave a relationship.

Here, we offer a brief overview of what a non-molestation order is and who can apply.

What is domestic abuse?

The court has the power to make orders to protect individuals from ongoing abuse. Contrary to popular belief, the ‘abuse’ does not have to be physical. Other forms of domestic abuse include;

1. Harassment
2. Intimidation
3. Threats of violence
4. Coercive control
5. Emotional and/or psychological abuse
6. Financial abuse (for example, control over another by limiting access to money)

The court will consider whether an order is necessary to secure the safety and well-being of the applicant and any relevant children.

Is a Non-Molestation Order an alternative to a criminal prosecution?

It must be stressed that if you or your loved ones are in immediate danger, you should always call the police.

Many people, however, recognise they are victims of abuse but are reluctant to involve police for a variety of reasons. Perhaps they are concerned about the impact on the perpetrator personally and professionally, on their children and wider family, or simply frightened they will not be believed, and will end up in a worse predicament. They therefore remain in the abusive situation in the belief that they have no choice.

Non-Molestation orders can be especially useful in cases where the other party’s behaviour does not meet the threshold for a criminal prosecution or where a victim does not wish to pursue a complaint through the criminal courts for whatever reason. In criminal law, the court must be satisfied beyond a reasonable doubt that the allegations are true, whereas in civil law, the burden of proof is considerably less, the court merely need to be satisfied that it is more likely than not that the allegations are true.

Who Can Apply?

Non-Molestation Orders are available to ‘associated persons’ (as defined in Part IV, Section 62 FLA 1996) and include;

• Spouses or former spouses
• Civil partners or former civil partners
• Cohabitants or former cohabitants
• Individuals who share parental responsibility for a child
• Family members (e.g., siblings, parents)

• Individuals who have had an intimate personal relationship

Part 2 of this blog will consider ;

• The application process
• The duration of non-molestation order
• Breach and enforcement
• What to do if an application is made against you.

Additional support is available through Gloucestershire Domestic Abuse Support Service at  https://www.gdass.org.uk/

To arrange an appointment to discuss any of the topics in this blog, please email Sarah Maxwell sma@hughes-paddison.co.uk or call 01242 574244 and ask to speak to our Family Team.