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TOPIC: What is a Non Molestation Order?

What is a Non Molestation Order? 4 years 2 days ago #60778

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Court orders - non-molestation orders

Domestic abuse is a serious matter, and the law has been amended to afford specific protections for victims of domestic abuse. The law in question is the Family Law Act 1996, which provides for two types of court order that can be granted to protect someone from domestic abuse: occupation orders and non-molestation orders.

What is a non-molestation order?

Non-molestation orders are a civil court order designed to protect people from domestic violence. They are designed to protect victims, and can in some circumstances be used to protect their children as well.

Non-molestation orders also forbid the person named in the application from asking others to harass or intimidate the applicant, and can also be extended to forbid the damage or disposal of property.

Who can apply for a non-molestation order?

It is not necessary to have been the subject of domestic violence in order for a person to apply for a non-molestation order, although in practice it is easier to obtain one if the applicant has been subjected to violence. It is possible to apply simply if a partner has been using harassing or intimidating behaviour.

An application for a non-molestation order can only be made against someone a court would recognise as being ‘legally associated’ to the applicant. This means they must have been married to, engaged to or in a civil partnership with the named person. Alternatively, they could have been living with the named person, or related to them, or have had a child together.

What is the effect of a non-molestation order?

If you receive a non-molestation order then you become the subject of a ‘power of arrest’. This means that if you breach the terms of the non-molestation order, you can be arrested and charged with a criminal offence.

The maximum penalty for breach of a non-molestation order is up to five years’ imprisonment. It is worth noting, however, that judges and magistrates are often mindful not to impose a custodial (prison) sentence even when the order is broken.

How is a non-molestation order obtained?

Non-molestation orders are available by application to a court. Applications are often made ‘on notice’, which means you will be notified that the application has been made.

It is possible for a non-molestation order to be made ‘ex-parte’, which means that the person named in the application is unaware of the proceedings, but the application does not become effective until it is served.

If a non-molestation order is made ‘ex-parte’, then there will often need to be a second hearing later on with both parties present to allow the other party a chance to respond and challenge the order.
DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

Last Edit: by Mojo.
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What is a Non Molestation Order? 4 years 2 days ago #60783

Anything for those who have had a non molestation order put on them? This is more towards those who apply for these orders.

Might be helpful to include examples of different outcomes

I've heard cases where the judge has recommended the CPS to be involved regardless of what the wife says. Leading to many women dropping the order.
Last Edit: by MikeD79.
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What is a Non Molestation Order? 4 years 2 days ago #60785

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Yes but the explanation of what one is is the same! I'll edit it to make it sound more balanced. Having read it and made adjustments I see what you mean!
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Last Edit: by Mojo.
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What is a Non Molestation Order? 4 years 2 days ago #60829

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Here's a link to the CPS website that explains their involvement.

My understanding is that a non mol order is a civil matter, if it is breached it can become a matter for the criminal court if the complainant reports the breach to the police. If reasonable excuse can be shown then it can be dealt with in the civil court.

In the second section titled "Background" it states......

It is important to understand the legislative intent behind these provisions. The DVCVA aims to place complainants at the heart of the criminal justice system. Accordingly, section 1 effectively gives complainants a choice on the mechanism by which a breach of a non-molestation order is dealt with. The complainant can either call the police to have the breach dealt with within the criminal jurisdiction, or they can make an application to have the person committed to custody for contempt application in the civil jurisdiction.

The two jurisdictions are exclusive and prosecutors will not be involved in civil proceedings.


www.cps.gov.uk/legal/d_to_g/guidance_on_...nd_victims_act_2004/
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I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

Last Edit: by Mojo.
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What is a Non Molestation Order? 4 years 2 days ago #60851

Can you explain what an undertaking is and also what it means if the order was upheld but noted on it is 'no finding of fact' I've been trying to find out what this means legally.

These things are so easily handed out and there is little advice online as to what to do if you get served one.

Thank you
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What is a Non Molestation Order? 4 years 2 days ago #60859

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Was your Dad given an Undertaking rather than a non molestation order?

I think that upholding an order without finding of fact means that guilt hasn't been proven but the order stands on the balance of probability....I'm not legally trained though and am not 100% sure, so I would advise that you give Coram Childrens Legal Centre a call.
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Mum and Grandmother, supporting my son who has residency of his son.
I want to see a much fairer system in place, where Dads and their children have a voice that can be heard.
There are many groups of people that have equal rights within our society and its about time Dads were given equal rights too.
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What is a Non Molestation Order? 4 years 1 day ago #60864

What the maximum length a judge can order a non-molestation order to last?

Can there be a life long one? or is it just a year.
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What is a Non Molestation Order? 4 years 1 day ago #60872

Thanks for the reply. My lovely dad was talked into allowing the order to stand, with a variation allowing him to email her, by her solicitor. He scared him by saying if he contested it and lost she could claim all her legal costs from him and also that it would be a long drawn out case. He didn't explain what 'no finding of fact' meant but said the non mol wouldn't affect his child arrangement hearing. Sadly this appears to be untrue as CAFCAS are very interested in why he has one and why it was never discharged. Everything in her statement to get the non mol was lies but without legal representation he wasn't sure what to do. I think he was misled by her solicitor.
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What is a Non Molestation Order? 4 years 1 day ago #60873

There should be a date on it. My lovely Dad's is for a year
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What is a Non Molestation Order? 3 years 5 months ago #67768

I have recently been served with a non molestation order, so I understand the serious nature, and consequence that could occur if broken. I am awaiting a court hearing in the near future, yes I have done things, but generally more over angered arguments with verbal abuse to have been served one, but when your wife just suddenly leaves with your child, and you are totally unaware it was even happening, it leaves you in a completely hopeless position of trying to figure out what had happened. So to all you guys, I can only speak from my experience, it is not advice, or anything to make you feel doubt, that I say this. But, would it not seem reasonable to talk to your wife and resolve problems in some way, or even find help to do that, well Yes ! So if you find yourself in a position where you try to talk and get no response, only abuse from your wife, what do you do ? Try again and again. Yes, no joy.
You know what I mean, I can not understand how anyone can just obviously plan their intention to leave, in my case I believe it was pre planned over time, just leave and say nothing, then have full resource to the legal system, and you end up in acritical state of confusion, despair, and pre judgement already issued , on the basis of a statement and no evidence. Reality is pain and suffering, so for any one who has been issued one recently, take a week or so to come to terms with it, try and stay calm, do not panic, and do not try and contact your partner, stay away, get yourself in control , find help, do anything to occupy yourself. But stay calm, well I hope this helps, I am going through it now, keep strong you guys.
The following user(s) said Thank You: actd, PA71, TheFather16, Bazzer
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