Non-molestation and other court orders A non-molestation order is a type of injunction which protects a named person from specific behaviour by an abuser, which can include prohibiting the abuser from using or threatening physical violence, going to the victim's home or workplace, intimidating, harassing or pestering the victim, or instructing or encouraging others to do so on their behalf. The order is usually granted for between 6 and 12 months, and it can only be made by the family courts. Although it is a civil order, a breach of the order without reasonable excuse is a criminal offence under Section 42A of the Family Law Act 1996, and it carries a maximum sentence of 5 years.
Alternatively, a breach of the order could be dealt with as a civil contempt of court matter if the applicant chooses to do so or doesn't support criminal proceedings. But the breach can only be dealt with once in either the criminal or civil court. Non-molestation orders are made under Section 42 of the Family Law Act 1996, which provides that a court may make an order if an application for the order has been made by an associated person. Associated, under the Family Law Act, means those who are or were married, civil partners, past or present cohabitants or those living together, relatives, those who have agreed to marry or enter a civil partnership, and those who have had an intimate relationship of significant duration. Alternatively, an order can be made If in any family proceedings to which the alleged perpetrator is a party, the court considers that the order should be made for the benefit of any other party to the proceedings or any relevant child, even though no such application has been made.
In other words, the court may make an order of its own initiative if it takes the view, as a result of hearing evidence in family proceedings, that an order is needed to protect a victim of abuse or relevant child. An order may apply to anyone associated with the victim. In deciding whether to make an order, the court must consider all the circumstances, including the need to secure the health, safety and well-being of the applicant or any relevant child.
Additionally, occupation orders could be sought, and these are orders which relate to who should live in or return to a home or any part of it. They can oust an abuser from accommodation shared with the victim. And of course, there is the possibility of restraining orders, which are available in appropriate cases on conviction for any offence, and they may be obtained in harassment cases under Section 5A of the Protection from Harassment Act, even in the event of an acquittal.