The following Family Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
A non-molestation order is a protective order made by the family court that prevents a party from molesting another person with whom they are associated. The power derives from section 42 of the Family Law Act 1996 (FLA 1996), which confers a wide discretion upon the court as to the terms of the order. The categories of persons who can obtain a non-molestation order (ie associated persons) are set out in the FLA 1996. See Practice Note: Non-molestation orders. FLA 1996, s 42A(1) makes it a criminal offence to do anything prohibited by a non-molestation order without reasonable excuse. Non-molestation orders should not (particularly when made ex parte) be granted for an unlimited time but should contain a fixed end date. The order must also fix a return day for the hearing to enable the court to consider the application on notice. For guidance on ex parte orders, see the Practice
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