Protection against domestic abuse is provided for in the Family Law Act 1996.
A Non Molestation Order is an Order which prohibits one person from harassing, pestering, interfering with or being violent to another person or any relevant child.
Only an associated person can apply to the Court for a Non Molestation Order. More often than not applicants are married to, or have been in a relationship with, the person they seek protection from. However an associated person does not necessarily have to have been in an intimate relationship with the person from whom they seek protection.
The Family Law Act states that a party is ‘associated’ to another if:
- They are or have been married to each other or have been civil partners
- They are cohabitants or former cohabitants
- They live or have lived in the same household for a reason other than one of them being the other’s employee, tenant, lodger or boarder
- They are relatives – this includes grandparents, aunts, uncles, nieces, nephews, cousins, step-parents and step-children
- They have agreed to marry or enter into a civil partnership or they have or have had an intimate personal relationship which was of significant duration
- In relation to a child, they are both parents or have or have had parental responsibility (where a child has been adopted or freed for adoption, two people will be associated if one is the natural parent and the other is the child or adoptive parent of the child)
- They are parties to the same family proceedings
In cases involving persons who are not associated, protection may be gained from an injunction under the Protection from Harassment Act 1997.
If you have any questions about protection from domestic abuse then you should contact our friendly and experienced family team on 02920 470909.