Non-Molestation Orders

Non Molestation Orders focus on regulating behaviour. Ordinarily they prohibit a person from:

• Using or threatening to use violence; and
• Behaving in an intimidating, pestering or harassing behaviour.

These orders can also prevent someone from coming within a specified radius of a residential address, place of work or a specific road. A Judge will assess what’s appropriate in the given circumstances to provide protection.

The idea is that an order sets clear parameters for a person’s behaviour and the person that is the subject of an order cannot then encourage a third party to behave in a manner that’s prohibited by the order.

Sometimes the court will make these orders without advance notice to the abusive individual. Applications without notice can be warranted in situations where giving the perpetrator of abuse a “heads up” will create further danger or risk to the person who needs protection. Orders made without notice will then have to be personally served on the perpetrator of abuse and your solicitor or the court will assist in arranging this.

Applying for a non-molestation order

Non-Molestation Orders have a Power of Arrest attached to them and these orders should be logged with the police. Depending on the context of your relationship, Non Molestation Orders can last for varying periods of time and we can invite the court to prohibit different behaviours.

Our specialist family law team can advise you about making an application for a Non-Molestation Order and what steps should be taken in your situation. We are focussed and efficient in our approach, to ensure you are supported and can make informed decisions should you need to go through this process.