|These guides do not in any way represent legal advice.|
|All guides are produced as a 'layperson' and 'informed friend'.|
|Our Non-Molestation Guide|
|What is a Non-Mol
A Non-Molestation Order is a civil injunction available under Part IV of the Family Law Act 1996. The order is a protective order that requires a person to either do something or to stop doing something.
The aim of a non-molestation order is to:
Prevent your partner or ex-partner from using or threatening violence against you or your child, or intimidating, harassing or pestering you, in order to ensure the health, safety and well-being of yourself and your children.
No Cost or court fee to applying.
When does it come into effect?
It doesnt come into effect until your partner has been served with it. The reason for this is that the courts have to be sure that the other party has knowledge of its existence. They cant be charged with breaching a court order of which they have no knowledge.
How long does it last?
Injunctions are normally for a specified period of time (e.g. 12 months) but can be renewed; or they may be made until further order. There is no limit on the length of time that non-molestation orders can be extended.
A breach of a non-molestation order is a criminal offence and carries a power of arrest by the police.