Q&As

Can a non-molestation order be made in England to protect someone living in Scotland against the actions of a perpetrator who is resident in England, where the acts of harassment etc are being perpetrated in both jurisdictions by the perpetrator?

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Produced in partnership with Ruth Cabeza of Harcourt Chambers
Published on LexisPSL on 22/05/2017

The following Family Q&A produced in partnership with Ruth Cabeza of Harcourt Chambers provides comprehensive and up to date legal information covering:

  • Can a non-molestation order be made in England to protect someone living in Scotland against the actions of a perpetrator who is resident in England, where the acts of harassment etc are being perpetrated in both jurisdictions by the perpetrator?

The court’s power to make a non-molestation order derives from section 42(2) of the Family Law Act 1996 (FLA 1996). Under FLA 1996, s 42(a), the court can make an order if the applicant has applied for a non-molestation order in either the Family Court or the High Court, and the person against whom they seek an order is an ‘associated person’. A person will be an associated person for the purposes of FLA 1996, s 42 if they meet the criteria set out in FLA 1996, s 63(3)–(6), which broadly covers persons with a family or quasi-familial relationship to each other, and for example this would include: close family relationships, cohabitation, engagement, intimate relationships of more than six months where the parties have not cohabited and also includes prospective adopters and birth parents.

Under FLA 1996, s 42(5), when considering whether or not to make a non-molestation order the court will have regard to all the circumstances of the case including the need to secure the health, safety and well-being of the applicant and any relevant child.

The injunction acts in persona and therefore if the injunction can be enforced against the respondent, and the court is satisfied that it is necessary to secure the health, safety and well-being of the applicant and any relevant child the court is likely to make the order. The

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