A non molestation order is a form of injunction containing either or both of the following;
a) a provision prohibiting the respondent from molesting another person who is associated with the respondent;
b) a provision prohibiting the respondent from molesting a relevant child; s42 (1)
In deciding whether to grant a non-molestation order the court by virtue of s.42 (5) shall have regard to all of the circumstances of the case, including the ‘need to secure the health, safety and well being of the applicant (or where applicable, the person for whose benefit the order is made) and of any relevant child.
General molestation is restrained by ‘forbidding’ the respondent (or anyone acting on behalf of the respondent) from ‘using or threatening violence against, harassing, intimidating or pestering’ the victim.
It is also possible to forbid a perpetrator invading the victim’s space, as it were. We are doing this by means of a so-called ‘zonal’ order, which forbids the respondent entering or approaching named places or property, typically the applicant’s place of work or a property to which an applicant has moved.
Non molestation orders may last for a specified period or until further order; s 42 (7). This gives the court total flexibility. N
Non-molestation orders are intended as a temporary ameliorating measure to last only until a long-term solution is found.