Guide to Non-Molestation Orders

We are often approached by clients wanting advice about obtaining an injunction against a former partner or spouse when there has been either violence, threats of violence or harassment via messages, social media or through third parties.

There is a recent reported case called DS v AC, has brought the issue of non-molestation orders back into the spotlight for us lawyers and has some points that we now have to consider before making any applications.

The case involved an appeal against a decision by a District Judge not to grant a non-molestation order. The appeal court agreed that there was ‘no proper basis’ for a non-molestation order to be made as, by the time the application had been made, the excessive communication had stopped. The case highlighted that the evidence for granting such an order must be recent and ongoing.

So, what is a non-molestation order?

A non-molestation order is a form of injunction which protects people from violence and harassment. It prohibits a person from contacting or approaching another and can sometimes also cover going within a certain distance from a property. It has a power of arrest attached to it and therefore enables the police to be called if the order is breached.

What constitutes violence/molesting?

The court confirmed in DS v AC that ‘the conduct must be of a nature or degree that justifies the intervention of the court’.

The case of Vaughan v Vaughan considered what conduct could be used to evidence ‘molesting’ as the term is not defined in legislation. The answer was ‘to cause trouble; to vex; to annoy; to put to inconvenience’.

The behaviour can include violent behaviour, but also applies to conduct which creates a degree of harassment.

The court in DS v AC has confirmed that the test is not wholly subjective, ‘whereby the applicant simply has to feel distress. Such subjective distress does not alone justify the making of an order. The conduct has to be of a nature or degree that justifies the intervention of the court’.

What test will the court apply?

  1. There must be evidence of molestation;
  2. There must be a need for the applicant (or child) to be protected
  3. The court must be satisfied, on the balance of probabilities, that judicial intervention is required to control the behaviour of the other party

Who can apply for a non-molestation order?

You can apply for a non-molestation order if you are the victim of domestic abuse and you want to be protected from:

  1. Someone you are having or have had a relationship with. This can include a spouse or civil partner, former spouse or civil partner, someone you are/were engaged to or a partner who you have been in a relationship with for more than 6 months
  2. A family member
  3. Someone you are living or have lived with
  4. People who have parental responsibility for your child or grandchild

What should I do next?

If you are the victim of domestic abuse and you wish to explore the possibility of a non-molestation order, please contact one of our friendly team members.

If you feel that you are at immediate risk of harm, please contact the police.

Contact:

Sian Williams on  or 01492 532 275
Gwennan Jones on  or 01492 860420

Get in touch today...