Non-Molestation and other Court Orders Flashcards
Q: What are non-molestation orders?
Type of injunction which protects a named person from specific behaviour by an abuser, which can include:
- Prohibiting the abuser from using or threatening physical violence
- Going to V’s home or work place
- Intimidating, harassing or pestering V
- Instructing or encouraging others to do so on their behalf
Q: What is the law on non-molestation orders?
S42 Family Law Act 1996
(1) In this Part a ‘non-molestation order’ means an order containing either or both of the following provisions—
(a) provision prohibiting a person (‘the respondent’) from molesting another person who is associated with the respondent;
(b) provision prohibiting the respondent from molesting a relevant child.
Q: Who can orders apply to? Can they be applied for even when no other proceedings have been commenced?
Non-molestation orders can be applied for even though no other proceedings have been commenced. Such orders do not relate just to spouses or former partners; they apply to anyone who is ‘associated’ with the respondent.
Q: Who is an ‘associated person’?
An associated person under the Family Law Act means those who are or were married, civil partners, past or present cohabitants or those living together, relatives, those who have agreed to marry or enter into a civil partnership and those who have had an intimate relationship of significant duration.
Q: How long are orders usually granted for? Which courts can grant them?
The order is usually granted for between 6 and 12 months and it can only be made by the Family Courts, who make provisions relating to family homes and domestic violence.
Q: What happens when someone does not follow an order?
Although it is a civil order, a breach of an order, without reasonable excuse, is a criminal offence under s42A Family Law Act 1996.
S42A
(1) A person who without reasonable excuse does anything that he is prohibited from doing by a non-molestation order is guilty of an offence.
(2) In the case of a non-molestation order made by virtue of s. 45(1), a person can be guilty of an offence under this section only in respect of conduct engaged in at a time when he was aware of the existence of the order.
Q: What type of offence is it?
Triable either way.
Carries a maximum sentence of 5 years’ imprisonment and/or a fine on indictment.
Q: Can a breach also be dealt with by the civil court?
Can be dealt with as a civil contempt of court matter, if the applicant chooses to do so or does not support criminal proceedings.
The breach can only be dealt with once in either the criminal or civil court.
Q: Is there a power of arrest for a breach of a non-molestation order?
There is a power of arrest for the breach of a non-molestation order under the provisions of s. 24(1) of PACE 1984.
Q: What are occupation orders?
Occupation orders are orders that relate to who should live in or return to a home or any part of it. They can remove an abuser from accommodation shared with V.
Q: When are restraining orders available?
Available in appropriate cases on conviction for any offence. They may be obtained in harassment cases under s5A under PHA 1997- even if the event of an acquittal.
