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The Family Law Act 1996 Part IV provides a legal framework to address issues related to domestic violence and abuse within familial relationships. One crucial aspect of this legislation is the provision for obtaining a Non-Molestation and Occupation Order, which aims to protect individuals from further harm.

 

Eligibility Criteria for a Non-Molestation Order

To be eligible for a Non-Molestation Order, an individual must demonstrate that they have experienced, or are at risk of experiencing, molestation from a family member. Molestation encompasses a wide range of behaviours, including physical violence, harassment, intimidation, and any other form of abusive conduct. The court considers the need for protection and the overall safety of the applicant when assessing eligibility for such an order.

 

What is the Application Process for a Non-Molestation Order?

The process of applying for a Non-Molestation Order involves several steps. The applicant must submit a detailed application to the family court, providing evidence of the alleged molestation and explaining the necessity of the order for their protection. The court may grant an emergency order if immediate protection is required, and a full hearing is subsequently scheduled to assess the merits of the case.

 

Do you need legal representation when applying for a Non-Molestation Order?

Individuals applying for a Non-Molestation Order may choose to seek legal representation to navigate the complex legal proceedings.  Our team specialising in family law offers guidance on compiling evidence, preparing statements, and presenting a compelling case in court.

 

What happens during Court Proceedings?

During the court hearing, both parties have the opportunity to present their cases. The court carefully considers the evidence provided and assesses the risk of harm to the applicant. If the court determines that a Non-Molestation Order is necessary, it will issue an order specifying the prohibited behaviours and the duration of the order. Breaching the terms of the order can result in legal consequences for the perpetrator.

What are the implications of a Non-Molestation Order?

A Non-Molestation Order serves as a legal tool to safeguard the well-being of the applicant. It may include provisions prohibiting the respondent from contacting, approaching, or intimidating the applicant. The court’s primary objective is to provide a sense of security and protection for the victim of domestic violence. Violating the terms of the order is a serious offence.

 

Who can apply for a Non-Molestation Order?

The FLA 1996 states that only “associated persons” can make an application for a Non-Molestation Order. The Act provides a list of such persons, which include:

  • people who have been or are still married, or are or have been in a civil partnership
  • current or former co-habitants
  • relatives

If you are not an “associated person” as defined by the Act, Rose & Rose HPLP can still assist you in obtaining legal protection from harassment.

Please contact our offices for further information.

 

Talk To Our Specialists

If you have questions about applying for a non-molestation order, talk to our specialist Family Law team today. You can contact our team directly via the links below.

 

This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of solicitors.

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Marie-Cecilia Ferreira

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