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GLOSSARY

Non-molestation order definition

/nɒn: 'məʊlɛˈsteɪʃ(ə)n/ /ˈɔːdə/

Published by a LexisNexis Family expert

What does Non-molestation order mean?

An order obtained under Part IV of the Family Law Act 1996 protecting a party from 'molestation' prohibiting a person (the respondent) from molesting a person associated with the respondent or a relevant child.

There is no statutory definition of the term molesting although guidance can be elicited from case law. The leading case is Vaughan v Vaughan [1973] 3 All ER 449 where the court equated molestation with ‘pestering’. Molestation involves any form of physical, sexual or psychological molestation or harassment that has a serious impact on the health and well-being of the applicant. Violence is not a prerequisite. In accordance with the provisions of the Family Law Act 1996, a non-molestation order may only be granted to protect a person associated with the respondent or a relevant child as defined in that Act. Non-molestation order can also be known as: Injunction.

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An order obtained under Part IV of the Family Law Act 1996 protecting a party from 'molestation' prohibiting a person (the respondent) from molesting a person associated with the respondent

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Procedural guide—occupation orders

Procedural guide—occupation orders This Procedural Guide sets out the steps to be taken on an application for an occupation order under Part IV of the Family Law Act 1996 (FLA 1996). It provides information on who can apply, the criteria applied by the court and explains the additional requirements in relation to without notice (ex parte) applications, the rules regarding service, provisions relating to undertakings and a power of arrest. It looks at the duration of an order, drafting the order and the standard order 10.2—occupation order. An occupation order is an order made under FLA 1996, Pt IV primarily determining a right to occupy a property. The court may declare, confer or regulate occupation rights in the family home between family members or those involved in a domestic relationship. There are five types of occupation orders, including requiring a party to leave a home. There are different rules regarding entitlement and eligibility. The powers of the court are less extensive in relation to certain classes of applicants where neither...

Procedural guide—non-molestation orders

Procedural guide—non-molestation orders In cases where there have been incidents of domestic violence it may be appropriate to seek the court's protection with an application for a non-molestation order and/or an occupation order under the Family Law Act 1996 (FLA 1996). A non-molestation order under FLA 1996, Pt IV confers personal protection on family members, including children or people in a domestic relationship, against the use of violence or other forms of molestation by a person with whom they are associated. There are eight classes of applicants who are associated persons, including married or divorced couples, civil partners and engaged or formerly engaged couples. There is no statutory definition of molestation, it includes violence and threats of violence and it has been held to include pestering. See Practice Note: Non-molestation orders. In deciding whether to make an order, the court will have regard to all the circumstances, including the need to secure the health, safety and well being of the applicant and any relevant child. Criteria The relevant legislative...

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Non-molestation orders

This Practice Note explains the criteria that the court must have regard to when considering an application for a non-molestation order under Part IV of the Family Law Act 1996 (FLA 1996). It explains who can apply for a non-molestation order and who are associated persons under FLA 1996, Pt IV. It also considers the definition of molestation. It contains a summary of the provisions in the Domestic Abuse Act 2021 (DAA 2021).Under the Family Law Act 1996 (FLA 1996) a non-molestation order is an order prohibiting a person (the respondent) from molesting another person who is associated with the respondent or a relevant child.The court can make a non-molestation order: •if an application for the order has been made (whether in other family proceedings or without any other family proceedings being instituted) by a person who is associated with the respondent, or•if in any family proceedings to which the respondent is a party, the court considers that the order should be made for the benefit of any other party...

Standard orders—general principles

Standard orders—general principles This Practice Note provides information about and access to the standard orders produced by the standard orders group with the authority of the President of the Family Division and endorsed by the President. It contains links to the latest versions of the standard orders and sets out the history of the standard orders project. On 17 May 2023, Mr Justice Peel, the judge in charge of standard orders, announced that, with the authority of the President of the Family Division and following the review process and consultation period, the standard orders have been updated to reflect changes in law, practice and procedure and to achieve consistency. See: LNB News 17/05/2023 88. On 21 May 2024, Mr Justice Peel, judge in charge of standard orders announced, with the authority of the President of the Family Division, that some standard orders have been updated to reflect developments in law and practice since May 2023. The house rules remain unchanged. See: LNB News 21/05/2024 83. See Practice Note: Index of...

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Non—molestation and occupation orders—client guide

Non—molestation and occupation orders—client guide This document provides general guidance regarding injunctions to protect from domestic abuse available in the family courts. Your family lawyer will be able to provide specific advice based on your circumstances. Family homes and domestic abuse If you are suffering from violence, threats or intimidation, it is possible to apply in the family courts for an injunction to help protect you. There are two types of injunction: • a non-molestation order, and • an occupation order What is a non-molestation order? A non-molestation order prohibits your partner or spouse from using or threatening violence against you or your children, or intimidating, harassing or pestering you. It can contain very specific provisions depending on the particular type of harassment happening to you. Who can apply? To apply for a non-molestation order you must be an associated person, which is defined in the relevant legislation. Former and current spouses, civil partners and cohabitants are included, as well as fiancé(e)s, relatives, people living in the...

Standard order 10.1—non-molestation order

Standard order 10.1—non-molestation order In the Family Court sitting at [Court name] Case No: [Case number] Non-Molestation Order The Family Law Act 1996 The full name(s) of the child(ren) Boy or girl Date(s) of birth [Insert] [Insert] [Insert] [Insert] [Insert] [Insert] Before [name of judge] in private on [date] at a [type of hearing] Important notice to the respondent, [RESPONDENT NAME] of [RESPONDENT address] You must obey this order. You should read it carefully. If you do not understand anything in this order you should go to a solicitor, Legal Advice Centre or Citizens Advice Bureau. You have a right to apply to the court to change or cancel the order. Warning: if, without reasonable excuse, you do anything which you are forbidden from doing by this order, you will be committing a criminal offence and be liable on conviction to a term of imprisonment not exceeding five years or to a fine or both. Alternatively, if you DISOBEY this order, you MAY BE HELD TO BE IN...

Dive into our 2 Precedents related to Non-molestation order

Section 46(3A)(a) of the Family Law Act 1996 provides that the court shall not accept an undertaking instead of making a non-molestation order, where it appears to the court that the respondent has used or threatened violence against the applicant or a relevant child. In such a case, where both parties wish to resolve the proceedings by an undertaking and the court refuses to accept an undertaking, are there any other options available to the parties?

Section 46(3A)(a) of the Family Law Act 1996 provides that the court shall not accept an undertaking instead of making a non-molestation order, where it appears to the court that the respondent has used or threatened violence against the applicant or a relevant child. In such a case, where both parties wish to resolve the proceedings by an undertaking and the court refuses to accept an undertaking, are there any other options available to the parties? Section 46(1) of the Family Law Act 1996 (FLA 1996) provides that the court may accept an undertaking from any party to the proceedings when it has the power to make a non-molestation order or occupation order. An undertaking is a promise to the court rather than to the other party in the proceedings, and it may be enforced as if it were an order of the court (FLA 1996, s 46(4)). This means that a breach of undertaking can be treated as a contempt of court, punishable by committal. As...

Can the Family Court in the course of family proceedings order someone to remove photographs that have been posted online if they relate to either the children of the family or one of the parties?

Can the Family Court in the course of family proceedings order someone to remove photographs that have been posted online if they relate to either the children of the family or one of the parties? A court may, of its own motion or on an application from a party within family proceedings, make a non-molestation order under section 42(2) of the Family Law Act 1996 (FLA 1996). Such an order prohibits a person from molesting another person who is associated with the respondent, or from molesting a relevant child. Such an order can therefore provide protection not just to an adult party within family proceedings, but also to a child of the family. ‘Molestation’ is not defined in the FLA 1996, but it includes conduct which is not violent, and extends to cover conduct that amounts to harassment that calls for the intervention of the court (C v C). Injunctions can be used to prohibit online activity. In Gibbs v Gibbs the respondent was committed...

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Family weekly highlights—8 May 2025

This week’s edition of Family weekly highlights includes details of the changes to the HMCTS Family Public Law service to improve the Form C110a application journey and a speech delivered by the Master of the Rolls, Sir Geoffrey Vos, at the International Forum on Online Dispute Resolution considering the role of the Digital Justice System in resolving disputes, together with the new Online Procedure Rules (Specified Proceedings) Regulations 2025. The Court of Appeal’s clarification of whether a local authority with a care order for a child can consent to that child's confinement is analysed. Recent judgments, including the application for the appointment and funding of a lay advocate and declaration of non-parentage post-adoption are included.

Family monthly highlights—June 2021

This month’s edition of Family highlights includes details of the commencement date for the Divorce, Dissolution and Separation Act 2020 and the launch of a two-week rapid consultation on remote, hybrid and in-person hearings in the family justice system and the Court of Protection. Whether a step-nephew is an ‘associated person’ under the Family Law Act 1996 is considered, together with adoption after a relationship has ended and the correct test in step-parent adoption. In addition to links to analysis of other key decisions, recently updated and new content is also detailed, including the new 2020–2021 edition of At a Glance and new Practice Notes on choice of court agreements, recognition and enforcement of protection measures post IP completion day and the Public Law Working Group report templates and checklists.

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