Domestic Abuse & Injunctions

A non molestation order is a protective injunction made under section 42 of the Family Law Act 1996, prohibiting a person (“the respondent”) from molesting another person who is “associated” with them. It can also protect children from molestation. The court may grant such an order either following an application by an associated person or, in family proceedings, if it considers it necessary for the protection of a party or a relevant child. When deciding whether to make an order, the court considers all the circumstances, with particular regard to the need to secure the health, safety and well-being of the applicant and any relevant child. 

An occupation order regulates who can live in the family home. It can require the respondent to leave, permit the applicant to enter or remain in the home, or exclude the respondent from a defined area. These orders can be made by the court under sections 33–38 of the Family Law Act 1996 where the applicant has a right to occupy the property or is associated with the respondent. The court considers all relevant circumstances, including housing needs, financial resources, health, safety, well-being, and conduct of the parties. 

Associated persons include current or former spouses, civil partners, cohabitants, relatives, those with a child together, and others. 

The court may make an order without notice (ex parte) if it is just and convenient, particularly where there is a risk of significant harm to the applicant or a child if the order is not made immediately, or if there is a concern the respondent may evade service. Without notice orders are not permanent and the court will later give the respondent an opportunity to be heard at a full hearing. 

Breaching a non molestation order is a criminal offence under section 42A of the Family Law Act 1996, and can result in arrest and imprisonment. A power of arrest can also be attached to Occupation Orders where violence or threats of violence have occurred. 

Legal aid is generally available for applications for Non-Molestation and Occupation Orders, subject to eligibility criteria. You will need to meet financial requirements and demonstrate that you or your child are at risk of harm. Freeths do not offer Legal Aid but we are happy to help you find a legal aid solicitor who can help. 

Non molestation orders can be made for a specified period or until further order. Occupation orders are generally limited to six months but can be extended for a further six months. 

Instead of making an order, the court may accept an undertaking (a formal promise to the court) from the respondent. However, an undertaking cannot have a power of arrest attached, and should not be accepted if violence has occurred and a non molestation order is necessary. 

Protection under the Family Law Act 1996 is limited to “associated persons.” If the respondent does not fall within this category, alternative remedies may be available under the Protection from Harassment Act 1997 or via the court’s inherent jurisdiction. 

You should provide evidence of the conduct complained of, such as incidents of violence, threats, harassment, or other behaviour amounting to molestation. This can include texts, WhatsApp messages, Facebook Messenger or other social media posts. The court must be satisfied that protection is needed and that judicial intervention is justified.