Many people are unaware of the options available to them when faced with the traumatic issue of domestic abuse. Often victims of domestic abuse are reluctant to acknowledge the issue and persevere in the hope that things will improve. More often than not, they do not improve and indeed the situation may worsen before action is taken. It is usually at this stage that the Police become involved and criminal proceedings commence. Whilst this is an option you may wish to pursue, there are also civil remedies available to protect a victim of domestic abuse.
The term domestic abuse, as adopted by the Law Society’s Family Law Protocol includes personal violence, threats, intimidation and harassment. Under Civil Law, protection is given under Part IV Family Law Act 1996. There are two types of orders available, a non-molestation order and an occupation order, this blog will address non-molestation orders (see our next blog for details about occupation orders).
A non-molestation order is an order prohibiting a party from molesting either you or your child. The term molestation covers violence, threats of violence, pestering, harassment and intimidation. The order is available not just for victims of physical violence, but also where the victim is being harassed for example with abusive text messages, letters or phone calls.
A non-molestation order can be applied for by a wide group of associated persons and can be applied for within existing family proceedings or as a free standing application. Section 62 Family Law Act 1996 states that a person is associated with another if:
- They are or have been married to each other, or they are or have been civil partners of each other
- They are cohabitants or former cohabitants
- They live or have lived in the same household for a reason other than them being the other’s employee, tenant, lodger or boarder
- They are relatives including grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, step-parents and step-children
- They have agreed to marry or enter into a civil partnership or they have had an intimate personal relationship with each other which was of significant duration
- In relation to a child, they are both parents or have, or have had, parental responsibility
- They are parties to the same family proceedings (other than proceedings under Part IV Family Law Act 1996)
In considering whether to make the order the Court must have regard to all the circumstances, including the need to secure the health, safety and well-being of the applicant and any child. Where a genuine need for protection can be shown the order will be granted and the order can be made for a specific or an indefinite period depending on the circumstances of each case.
If there are concerns about compliance with the order, the applicant may find it reassuring to note that any breach of a non-molestation order is a criminal offence which is punishable by up to 5 years’ imprisonment on conviction in the Crown Court and 12 months’ imprisonment on conviction in the Magistrates Court.
If you have any concerns relating to this area of law or simply wish to make an application to the courts for a non-molestation order then please contact us for for further advice or alternatively visit helpguide.org for further information.
