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Understanding Non-Molestation Orders and Related Laws

Nov 4, 2024

Non-Molestation and Other Court Orders

Non-Molestation Order

  • Definition: An injunction protecting a named person from the behavior of an abuser.
  • Prohibited Actions:
    • Physical violence or threats.
    • Approaching the victim's home or workplace.
    • Intimidation, harassment, or pestering.
    • Instructing others to intimidate on their behalf.
  • Duration: Typically granted for 6 to 12 months.
  • Issuing Court: Exclusively by family courts.
  • Legal Consequences of Breach:
    • A breach without reasonable excuse is a criminal offence under Section 42A of the Family Law Act 1996.
    • Maximum sentence for breach: 5 years.
    • Alternatively, can be treated as civil contempt of court.
    • Breach can only be handled in either criminal or civil court.

Legal Framework

  • Legislation: Section 42 of the Family Law Act 1996.
  • Who Can Apply: Associated persons (e.g., past or present partners, relatives, cohabitants).
  • Court-Issued Orders: Court can issue orders during family proceedings even without an application if needed to protect a victim or relevant child.
  • Considerations: Court must consider health, safety, and well-being of the applicant or relevant child.

Related Court Orders

  • Occupation Orders:
    • Determines who can live in a home.
    • Can remove abusers from shared accommodation.
  • Restraining Orders:
    • Available upon conviction for any offence.
    • Applicable in harassment cases under Section 5A of the Protection from Harassment Act.
    • Can be issued even after an acquittal.