Non-molestation Order

What is Non-Molestation Order?

A Non-Molestation is an order than one party does not molest the other, molestation is not defined in the Family Law Act 1996, but it does include conduct that harasses or threatens the applicant. It is an order that someone should not commit a crime against another, as many of the acts that would constitute molestation are crime, particularly in the protection from Harassment Act 1977.

How To Apply For A Non-Molestation Order?

Firstly, to apply for a Non-Molestation Order, you must be an ‘associated person’ for the purposes of Section 62 (3) of the Family Law Act 1996. This list can be summarised as follows:

• You are or have been married to the perpetrator.
• You are or have been a civil partner of the perpetrator.
• You are or have been cohabitants
• You live or have lived in the same household
• You are relatives.
• Have agreed to marry one another.
• Have entered into a civil partnership agreement.
• Have had an intimate personal relationship of significant duration.

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