NON-MOLESTATION ORDERS
- PROHIBITS A PERSON FROM MOLESTING AN "ASSOCIATED" PERSON
- PROHIBITS A PERSON FROM MOLESTING A "RELEVANT CHILD"
CRITERIA
The court shall have regard to all the circumstancesincluding the
need to secure the health, safety and well-being of
- THE APPLICANT or
- THE PERSON FOR WHOSE BENEFIT THE ORDER WOULD
BE MADE and
- ANY RELEVANT CHILD
DURATION
A non-molestation order can be made for
- A SPECIFIED DURATION or
- UNTIL FURTHER ORDER
BUT if the order is made during the course of
other family proceedings, it will cease if those proceedings
are withdrawn or dismissed
CONTENT
The court may make an order prohibiting specific types
of molestation, or molestation generally. The order must
be sufficiently defined to make sure
- THAT THE PARTIES KNOW WHAT ACTS etc. ARE PROHIBITED
- THAT ENFORCEMENT IS STRAIGHT FORWARD
VARIATION AND DISCHARGE
On application by:
- THE RESPONDENT
- THE PERSON WHO APPLIED FOR THE ORIGINAL ORDER
Where the court made the order of its own motion, the
court can vary/discharge the order without an application
being made.
APPEALSAn appeal against the decision
of a magistrates' court
must be made
to the High Court
APPLICANTS
A non-molestation order can be made on the court's own
motion or after an application by
- AN "ASSOCIATED PERSON"
- AN AUTHORISED "THIRD PARTY"
- A CHILD UNDER THE AGE OF 16 YEARS REQUIRES LEAVE.
ANY APPLICATION FOR LEAVE MUST BE CONSIDERED BY THE HIGH COURT.
ORDERS WITHOUT AN APPLICATIONA non-molestation order
can be made on the
court's own motion in proceedings where the
respondent is a party
IF
the court considers such an order should be
made for the benefit of any party to the
proceedings or any relevant child
EX PARTE ORDERS
The court must have regard to all the circumstances
and consider the following:
- ARE THE CIRCUMSTANCES EXCEPTIONAL?
- IS THERE ANY RISK OF SIGNIFICANT HARM TO
THE APPLICANT OR A RELEVANT CHILD?
- IS IT LIKELY THAT THE APPLICANT WILL BE DETERRED
OR PREVENTED FROM PURSUING THE APPLICATION?
- IS THERE REASON TO BELIEVE THAT THE RESPONDENT
IS DELIBERATELY EVADING SERVICE?
MOLESTATION
THERE IS
NO DEFINITION IN
THE ACT
"MOLESTATION"
"MOLESTATION
IS AN UMBRELLA TERM
WHICH COVERS
A WIDE RANGE OF BEHAVIOUR.
IT INCLUDES ANY FORM OF
SERIOUS PESTERING
OR
HARASSMENT"
"MOLESTATION"
"ANY CONDUCT WHICH COULD
PROPERLY BE REGARDED AS
SUCH A DEGREE OF
HARASSMENT AS TO CALL
FOR THE INTERVENTION OF
THE COURT"
"MOLESTATION"
"THE DEGREE OF SEVERITY
DEPENDS LESS UPON ITS
INTRINSIC NATURE THAN
UPON IT BEING PART OF A
PATTERN OF BEHAVIOUR
AND ITS EFFECT ON THE VICTIM"
"ASSOCIATED PERSON"
- SPOUSE
- FORMER SPOUSE
- LIVE/HAVE LIVED IN THE SAME HOUSEHOLD
- PARTIES TO THE SAME FAMILY PROCEEDINGS
- NATURAL AND ADOPTIVE PARENTS/GRANDPARENTS OF A
CHILD WHO HAS BEEN "FREED" FOR ADOPTION
- COHABITANT
- FORMER COHABITANT
- CERTAIN RELATIVES
- AGREED TO MARRY ONE ANOTHER
- PARENTS/PARENTAL RESPONSIBILITY FOR THE SAME CHILD
NB: THIS LIST IS NOT EXHAUSTIVE
"RELEVANT CHILD"
- LIVING WITH OR MIGHT REASONABLY BE EXPECTED
TO LIVE WITH EITHER PARTY TO THE PROCEEDINGS
- ANY CHILD IN RELATION TO WHOM AN ORDER UNDER
THE ADOPTION ACT 1976 OR THE CHILDREN ACT 1989 IS
IN QUESTION IN THE PROCEEDINGS
- ANY OTHER CHILD WHOSE INTERESTS THE COURT CONSIDERS
RELEVANT
"COHABITANTS"
A man and woman who,
although not married to each other,
are living together
as husband and wife.
"LIVING IN THE SAME HOUSEHOLD"
THE DEGREE OF COMMUNITY
LIFE WHICH GOES ON
"RELATIVE"
- FATHER
- MOTHER
- STEP-FATHER
- STEP-MOTHER
- SON
- DAUGHTER
- STEP-SON
- STEP-DAUGHTER
- GRANDMOTHER
- GRANDFATHER
- GRANDSON
- GRANDDAUGHTER
OF THAT PERSON OR OF THAT PERSON'S SPOUSE OR FORMER
SPOUSE
"RELATIVE"
- BROTHER
- SISTER
- UNCLE
- AUNT
- NIECE
- NEPHEW
- WHETHER OF THE FULL BLOOD OR HALF-BLOOD OR
BY AFFINITY
OF THAT PERSON OR OF THAT PERSON'S SPOUSE OR FORMER
SPOUSE
PROCEDURAL POINTS
- Application or on court's own motion?
- Entitled applicant?
- Ex parte or inter parties?
- Molestation?
- Timescale/repetition/risk/options?
- Transfer?
- Reasons and findings of fact
- Order - specific/general/duration etc.
- Pronouncement
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