FAQs About Arranging a Non-Molestation Court Order
What is a non-molestation order?
A non-molestation order is a legal order issued by a court to protect individuals from being harmed or harassed by someone they are (or were previously) in a domestic relationship with. This court order is commonly used in situations involving domestic abuse and is designed to prevent the respondent from “molesting” the applicant and any relevant children.
Molesting in this context includes any form of physical, psychological, sexual, or financial abuse. The order can specify various prohibitions, such as preventing direct contact, harassment, or coming within a certain distance of the targeted person's home.
Are non-molestation orders effective?
Non-molestation orders can be highly effective in providing protection from abuse and harassment. They legally prohibit the abuser from certain actions, such as contacting or coming near the targeted person. If the order is breached, it is treated as a criminal offence, and the violator can be arrested and potentially face imprisonment. The effectiveness of these orders largely depends on the enforcement of the order and the willingness of the targeted person to report any breaches to the authorities.
How long do non-molestation orders last?
Non-molestation orders vary in duration depending on the specifics of the case and are granted at the discretion of the court. Typically, they last for a period of between six months and a year. However, they can be extended if the court finds that further protection is necessary. You must apply for an extension before the current order expires if you need ongoing protection.
How long do non-molestation orders take to come into effect?
Non-molestation orders come into effect immediately once they are granted by the court. In urgent cases, it is possible to obtain an order on the same day the application is made, especially if the situation presents an immediate risk of harm. This type of order is known as an 'ex parte' order and can be issued without the presence of the other party. After the order is granted, it needs to be served on the respondent, which is done as quickly as possible to ensure the order's protection is enforced right away.