Who Can Apply for a Non-Molestation Order

A non-molestation order is a legal instrument designed to protect individuals from harm, particularly in the context of domestic violence or harassment. Governed by the Family Law Act 1996, it is a court order that prevents an “associated person” from causing harm to the applicant. But who exactly can apply for a non-molestation order? 

Who is an “Associated Person”?

The term “associated person” is central to understanding who can apply for a non-molestation order. In most cases, an associated person refers to someone with whom the applicant has had an intimate relationship. This could be a current or former spouse or civil partner, or an ex-partner if the parties were never married.

However, the definition of an associated person extends beyond romantic relationships. It can also include family members, cohabitants, and even individuals involved in the same family proceedings. Essentially, anyone who has had a significant relationship with the applicant can be considered an associated person.

Categories of Associated Persons

The Family Law Act 1996 provides a comprehensive list of who can be considered an associated person. Here are the categories:

Married or Civil Partners: This includes people who are currently married or in a civil partnership, as well as those who have agreed to marry or enter into a civil partnership.

Cohabitants: People who have lived together as a couple, regardless of their marital status, can apply for a non-molestation order against each other.

Family Members: Individuals who have lived in the same family household can apply for a non-molestation order. This can include siblings, parents, and extended family members.

Long-term Intimate Relationships: Even if the parties have never lived together or been married, they can still apply for a non-molestation order if they have had an intimate relationship of significant duration.

Family Proceedings: If two individuals are parties in the same family proceedings (for example, a custody dispute), they can apply for a non-molestation order against each other.

Shared Parental Duties: People who have shared parental responsibilities for a child can apply for a non-molestation order against each other.

Children and Non-Molestation Orders: Children can also apply for a non-molestation order against a parent or other family member. This can be particularly important in cases where the child is at risk of harm.

Final Thoughts

A non-molestation order is a versatile legal tool that can protect a wide range of individuals from harm. Whether you are in a romantic relationship, a family member, a cohabitant, or even a party in family proceedings, you have the right to apply for a non-molestation order if you are experiencing harm or fear of harm. Always consult with a legal professional to understand your options and the potential implications. Remember, everyone has the right to live free from harm and fear, and non-molestation orders are one tool that can help ensure this right is upheld.