A non-molestation order is a type of injunction used to prohibit a person from molesting either the applicant or a relevant child. Molestation is not defined but in practice such orders can be used to protect someone from violence, harassment, and threats. The order may also include a provision to prevent a person from coming within a certain distance of you, your home address or your place of work.
Restraining orders and non-molestation orders both achieve a similar outcome and therefore can often be confused. The main difference is that a restraining order is made in the criminal court and a non-molestation order is made in the family court. A restraining order is most commonly used when there have been criminal proceedings against a person. In many cases of domestic abuse, the victim will not have made any report to the police or wish to pursue matters through the criminal court. This is not a barrier to obtaining a non-molestation order and therefore the family court may be better placed to offer protection in these cases.
In order to apply for a non-molestation order you need to be an ‘associated person’. You are associated with another person if:
The court will consider all the circumstances of the case, including the need to secure the health, safety and well-being of you and any children. The following principles will be considered when deciding whether to grant a non-molestation order:
A non-molestation order usually lasts between 6-12 months. However, it can be granted for longer periods of time, for example if there are ongoing court proceedings it is common for the non-molestation order to last until the conclusion of the proceedings.