Non-Molestation Order

Under section 42 of the Family Law Act 1996, a non-molestation order is an order prohibiting a respondent from molesting another person who is 'associated' with them, or from molesting a relevant child. The court can make the order on the application of an associated person, or of its own motion in other family proceedings for the benefit of a party or relevant child. In deciding whether to make an 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 relevant child.

An order may refer to molestation in general or to particular acts, and can be made for a specified period or until further order. The President of the Family Division has issued Practice Guidance on the practical and procedural aspects of applications under s.42, including a simplified form of order.

Breach of a non-molestation order is a criminal offence under s.42A of the Act: a person who without reasonable excuse does anything prohibited by the order is guilty of an offence, punishable on conviction on indictment by imprisonment for up to five years, a fine, or both. Conduct punished as an offence under s.42A cannot also be punished as contempt of court, and vice versa. A non-molestation order is distinct from an occupation order, which instead governs who may live in the family home.