Non-Molestation Orders

Separation and divorce may often not be the end of a relationship. Unfortunately, spouses or ex-spouses can be abusive or controlling, and you may be forced to act against the negative behaviour. 

If you’re considering or going through a divorce involving a non-molestation order, click below for a free initial consultation with one of our expert divorce solicitors. 

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What are non-molestation orders?

A non-molestation order (or “non-mol”) is one of the court’s key powers in cases involving domestic violence. The order prevents a person from harassing or threatening you. They can also extend to cases involving: 

• Acts or threats of violence, 

• Abusive language, 

• Physical, emotional, financial and sexual abuse, 

• Stalking, and 

• Online abuse. 

Depending on the drafting and the severity of your case, the non-molestation order can be drafted to prevent your spouse from contacting you or going near you. If the order is breached for any reason, the offending party can face significant penalties. 

If a person breaches a non-molestation order, it is both civil contempt (leading to a possible fine or imprisonment) and a criminal offence. They can be immediately arrested and face up to five years in prison for such a breach.  Where a victim feels that a non-molestation order would be too strong, it is possible to agree undertakings – a solemn promise to the court. If the terms of the undertakings are breached, it remains civil contempt but is not a criminal offence. 

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