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A non-molestation order is a type of court order designed to protect individuals from harassment, violence, or intimidation by a partner, former partner, or other associated person, including children. It is a form of injunction that prohibits the respondent from molesting the applicant or any relevant child. This can involve preventing physical violence, threats, intimidation, or any behavior that causes the applicant to fear for their safety or well-being.
Key aspects of a non-molestation order:
- Purpose:To protect individuals from harm or threats, including physical, emotional, and psychological abuse.
- Scope:The order can prevent the respondent from contacting the applicant, coming near their home or workplace, or engaging in any form of molestation.
Who can apply
Victims of domestic abuse can apply for a non-molestation order, and in some cases, a child's parent or guardian can also apply on the child's behalf.
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Legal framework:
Non-molestation orders are typically issued under Part IV of the Family Law Act 1996 in England and Wales.
- Breach of order:
- Violating a non-molestation order is a criminal offense and can lead to arrest and prosecution.
- Duration:
- The duration of a non-molestation order can vary, but they are often granted for a period of 6 to 12 months.
- Evidence:
- Applicants need to provide evidence of the abuse or harassment to support their application.
- Legal representation:
- While not always mandatory, seeking legal advice from a family law solicitor is recommended to navigate the application process and understand the implications of the order.
- Interim orders:
- In urgent situations, the court can issue an interim non-molestation order without notifying the respondent, providing immediate protection until a full hearing can be conducted.
- Contesting an order:
- If a non-molestation order has been unfairly imposed, it can be contested, but breaching it, even unintentionally, can lead to serious consequences.
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