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WHAT IS A NON-MOLESTATION ORDER (INJUNCTION)

A non-molestation order is a type of legal protection typically used in situations of domestic abuse or harassment. It is a court order designed to prevent one individual from engaging in certain behaviors towards another individual, particularly in the context of intimate or familial relationships.

Key aspects of a non-molestation order include:

Protection Against Harassment

The order can prohibit the respondent (the person the order is against) from using harassment, intimidation, or violence against the applicant (the person seeking the order).

Immediate Effect

Non-molestation orders can be applied for urgently, often resulting in a temporary order being issued by the court before a full hearing can take place.

Duration

The order can be temporary or made permanent, depending on the circumstances and the court's decision.

Enforceability

If the order is violated, the respondent may be subjected to legal consequences, including arrest or criminal charges.

Eligibility

Generally, the applicant must have a relevant relationship with the respondent, such as being a spouse, partner, or family member.

Protecting your Safety

Non-molestation orders are part of broader legal frameworks aimed at protecting individuals from domestic violence and ensuring their safety.

LEGAL REMEDIES AVAILABLE

Under the Family Law Act 1996 (A civil Court Order rather than a Crminal one), various Court Orders are available, in particular a Non-molestation Order, which prevents an abuser from using or threatening to use violence against the victim.

In addition an Occupation Order is available, excluding the abuser from entering, or coming within (for example) 500 metres from the family home (even if they own it).

The benefit of these Orders are that they are Civil Cases and therefore require a lower burden of proof (Balance of Probabilities) than a Criminal Court (Beyond Doubt threshold)

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