What is a Non-Molestation Order?
There are two main types of injunctions available under Part IV of the Family Law Act 1966
- A Non-Molestation Order
- An Occupation Order
A non-molestation order is aimed at preventing your partner or ex-partner from using or threatening violence against you or your child, or intimidating, harassing or pestering you, in order to ensure the health, safety and well-being of yourself and your children.
Under new legislation, a breach of a non-molestation order is now a criminal offence, however, you should still be able to take your abuser back to the civil court for breaking the order, if you prefer this. In addition, the Domestic Violence Crime and Victims Act, 2004 will amend the Family Law Act so that cohabiting same sex couples and couples who do not live together will also be able to apply for non-molestation orders.
Author - Rachel Watson, Watson Thomas Solicitors