In proceedings under Part IV of the Family Law Act 1996 where a non-molestation order has been made, the respondent has threatened the solicitor representing the applicant. What redress or sanctions are available? If an application is required, would that be made within the existing proceedings or in separate proceedings?

The solicitor cannot seek to be covered by the Non-Molestation Order granted to their client, nor would they be entitled to apply themselves for a non-molestation order. A non-molestation order prohibits the Respondent from molesting another person ‘who is associated with the respondent’. A person is ‘associated’ with another person for the purposes of the Family Law Act 1996 (FLA 1996) if they fall into one of the categories listed in FLA 1996, s 62(3), for example if they are or have been married to that person, are relatives, or are cohabitants or former cohabitants. The applicant’s solicitor is highly unlikely to fall into one of these categories.

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