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.

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.

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.