NON-MOL ORDERS

Question 1

What section covers non-mol orders?

Answer 1

S.42(1) FLA 1996

Question 2

What does a non-mol do? Sections?

Answer 2

S.42(1) -

(A) prohibits a person molesting another who is an associated person of the R
(B) prohibits a person molesting a relevant child who is an associated person of the R.

Question 3

Define molestation. Cases?

Answer 3

NO STATUTORY DEFINTITION.

C v C 1998, molestation is one deliberate conduct which is aimed at a high degree of harassment.

Davis v Johnson 1978, doesn’t need to be use/threat of violence.

Vaughn v Vaughn 1973

Horner v Horner 1982

Re T 2017

Question 4

Which section covers relevant child?

Answer 4

S.62(2) FLA 1996

Question 5

Define a relevant child using sections.

Answer 5

S.62(2)

(A) any child who is reasonably expected to live with either party to the proceedings.
(B) adoption act 1978, children act 2000, children’s act 1989
(C) any other relevant child

Question 6

What section defines an associated person?

Answer 6

S.62(3) FLA 1969

Question 7

Who can be an associated person? Sections?

Answer 7

S.62(3)

(A) are/have been married to each other
(AA) are/have been civil partners
(B) are/formerly cohabitants
(C) live/ed in same house hold
(D) relatives
(E) agreed to marry each other

Question 8

What did the DVC&VA 2004 add to associated persons?

Answer 8

S.62(3)(ea) intimate relationship for a significant duration.

Question 9

How does domestic abuse act 2021 define abuse? Sections?

Answer 9

S.1(3) behaviour is abusive if -
(A) physical/sexual abuse
(B) violent/threatening behaviour
(C) controlling/coercive behaviour
(D) economic abuse
(E) psychological/emotional abuse

Question 10

Name some case examples for behaviour.

Answer 10

Banks v Banks 1999 - not in control.

Re T - no intention to haras.

Question 11

What will the courts do when making a non-mol? Sections?

Answer 11

S.42(2) one free standing application

S.42(5) take into account all circumstances, health, safety, well-being

Chechi v bashier - abuse of order.

Question 12

What did G v F 2000 say about associated persons.

Answer 12

Not living together but had intimate relationship and shared a bank account.

Question 13

What does s.46(3)(a) say?

Answer 13

Undertaking not allowed where there had been physical violence

Question 14

What section covers ex parte applications?

Answer 14

S.45(1) don’t have to inform respondent.

Question 15

What’s section sets out the criteria for making an ex-parte?

Answer 15

S.45(2)

Question 16

What section states cohabitants can be associated persons?

Answer 16

S.62(3)(b)

Question 17

Which statute covers third parties who can’t get an NMO?

Answer 17

Protection from harassment act 1977