In the UK, a non-molestation order provides essential protection for individuals and children against harmful behaviour from a partner, ex-partner, or other associated persons. For those experiencing domestic abuse or harassment, this legal tool offers peace of mind and safety. A common question regarding non-molestation orders is: How long do they last? This article delves into the duration of non-molestation orders, related factors, and their implications.
What Is a Non-Molestation Order?
A non-molestation order is an injunction issued by the family court to protect individuals or children from harm. It can be sought against a partner, ex-partner, or any person defined as an “associated person” under the Family Law Act 1996. Harm covered by such orders is not limited to physical abuse but also includes harassment, intimidation, psychological harm, coercive behaviour, and financial abuse.
Once granted, a non-molestation order prohibits the respondent from specific actions, such as:
- Approaching the applicant or their home.
- Contacting the applicant directly or indirectly.
- Engaging in abusive or threatening behaviour.
How Long Does a Non-Molestation Order Last?
Typically, a non-molestation order lasts between 6 and 12 months. However, the court has discretion to extend this duration depending on the applicant’s circumstances and the severity of the threat posed by the respondent.
Factors influencing the duration include:
- The nature and severity of the abuse.
- The risk posed to the applicant and children.
- Whether related legal proceedings, such as child contact disputes, are ongoing.
If necessary, the court can grant longer-term orders or renew the order at the end of its term. Applicants can request an extension if they continue to feel unsafe or at risk.
Can a Non-Molestation Order Be Extended?
Yes, a non-molestation order can be extended if the applicant demonstrates a continued need for protection. To do so, they must apply to the family court before the original order expires. The court will review the circumstances, including any evidence of ongoing threats or harassment, before deciding whether to extend the order.
Emergency Applications: Ex Parte Non-Molestation Orders
In urgent situations, individuals can apply for an ex parte non-molestation order, also known as a without-notice application. This allows the court to grant immediate protection without informing the respondent beforehand. Ex parte orders are temporary and are usually followed by a second hearing where the respondent is invited to present their case.
These emergency orders are particularly useful when:
- There is an immediate threat to the applicant’s safety.
- Informing the respondent could increase the danger to the applicant or children.
Non-Molestation Order and Child Contact
Non-molestation orders often intersect with child contact arrangements. While the order may restrict the respondent’s actions, it does not automatically prevent them from having contact with their children. The court will carefully consider the child’s welfare and may set specific provisions for how child contact can occur without jeopardising the applicant’s safety.
For example:
- Communication about child arrangements may be limited to emails or through a third party, such as solicitors.
- The court may order supervised contact to ensure the safety of all parties.
The aim is to balance the child’s right to maintain a relationship with both parents while protecting the applicant and children from harm.
Associated Person Under the Family Law Act
Under the Family Law Act 1996, a non-molestation order can only be sought against an “associated person.” The term refers to individuals who have a close personal or familial relationship with the applicant. These include:
- Current or former spouses and civil partners.
- Cohabitants or former cohabitants.
- Fiancés, fiancées, or ex-fiancés.
- Parents of the applicant’s child.
- Close relatives, such as siblings or parents.
The inclusion of “associated persons” ensures that protection is not limited to romantic relationships but extends to other significant personal connections.
What Evidence Do You Need for a Non-Molestation Order?
To apply for a non-molestation order, the applicant must provide clear evidence of harassment, abuse, or threats. The evidence required includes:
- Detailed descriptions of incidents, including dates, times, and locations.
- Witness statements from the applicant or others who have observed the abuse.
- Medical records showing injuries resulting from physical abuse.
- Police reports or case numbers, if applicable.
- Correspondence (texts, emails, or messages) containing threats or abusive language.
This evidence helps the court assess the need for an order and ensures the application is based on genuine concerns.
How to Apply for a Non-Molestation Order
The application process involves completing a Form FL401, which includes:
- Details of the abuse or harassment.
- Evidence supporting the claims.
- A witness statement explaining why the order is necessary.
While there is no court fee for applying, legal advice is recommended to ensure the application is accurate and thorough. Mistakes or omissions in the form can delay the process.
What Happens If a Non-Molestation Order Is Breached?
Breaching a non-molestation order is a criminal offence in the UK, punishable by up to five years in prison. Respondents who breach the order can also face fines or community service, depending on the severity of the violation. Immediate police involvement is advised in such situations.
The seriousness of breaching an order underscores its importance as a protective measure. However, the order must be served on the respondent to be enforceable.
How Long Does It Take to Get a Non-Molestation Order?
The time frame for obtaining a non-molestation order depends on the urgency of the situation and the court’s workload:
- For ex parte applications, protection can be granted on the same day.
- For standard applications, the process may take a few weeks.
Emergency applications ensure immediate protection, while subsequent hearings address the long-term terms of the order.
How to Discharge a Non-Molestation Order
If the respondent believes the order is no longer necessary, they can apply to the court to have it discharged. This involves:
- Submitting a formal application to the court.
- Providing evidence to show why the order should be lifted.
The judge will review the application and decide whether to maintain or discharge the order based on the circumstances.
Conclusion
A non-molestation order is a powerful legal tool designed to protect individuals and children from harm. Typically lasting between 6 and 12 months, these orders can be extended if the threat persists. Emergency applications, such as ex parte orders, ensure immediate protection for those in urgent need.
Understanding the legal process and gathering sufficient evidence are crucial for a successful application. If you’re unsure or facing delays, seeking legal advice can make the process smoother and ensure your safety. Remember, the primary goal of a non-molestation order is to provide a safe environment where you and your loved ones can live without fear.
