No.53 Legal Limited

Licensed Body Law Firm (ABS)

No.53 Legal Limited

Licensed Body Law Firm (ABS)

Non Molestation Orders

By Lea_NSWPosted on Posted in Abuse & InjunctionsNo Comments on Non Molestation Orders

Non Molestation Orders

NMO

Legal Protection Against Abuse

A non-molestation order is a type of injunction issued by the Family Court under the Family Law Act 1996. It’s designed to protect individuals and children from harassment, threats, or abuse by someone they are, or were, close to.

Who Can Apply

You can apply if the person you want protection from is an “associated person,” which includes:

A current or former spouse or civil partner
A partner you’ve lived with
Someone you’ve had an intimate relationship with
A family member
The other parent of your child
Children can also apply against a parent or guardian if necessary.

What the Order Covers

A non-molestation order can prohibit:

Physical violence or threats
Harassment, intimidation or pestering
Contact via phone, social media or third parties
Approaching your home, workplace or school
Each order is tailored to the situation and may include specific restrictions

Application Process

Emergency (without notice) applications: if there’s an immediate risk, the court can issue an order without informing the respondent first.
Standard applications: both parties attend a hearing
Supporting evidence: you’ll need a witness statement detailing incidents, risks and why protection is needed.
Return hearing: if the order was made without notice, the respondent gets a chance to respond at a later hearing.

Court Considerations

The court will assess:

Evidence of molestation
Whether protection is necessary
The impact on any children
Whether the order is proportionate

Duration and Enforcement

Orders typically last up to 12 months, but can be extended.
Breaching an NMO is a criminal offence and can lead to arrest, prosecution and imprisonment.

Alternatives and Related Orders

Undertakings: a promise to the court by the respondent that they will not repeat the behaviour (no admissions needed, and no power of arrest attached)
Occupation Orders: can exclude someone from a shared home
Restraining Orders: issued by criminal courts after prosecution

Legal Aid

Legal aid may be available for applicants. Some domestic abuse charities may be able to assist for free.

Family law solicitors can assist with applications and representation. Contact Us.

Non Molestation Orders

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