What Is a Non-Molestation Order
A non-molestation order prohibits a person from using or threatening violence against you, harassing or pestering you, or communicating with you in a way that causes distress. It is available under the Family Law Act 1996.
Non-molestation orders are available to associated persons -- broadly, people who are or have been in a relationship, family members, and people who share a household.
The Without-Notice Application
In urgent situations where the risk of harm is immediate, you can apply without telling the respondent in advance. Without-notice orders are granted where there is a real and immediate risk of significant harm, where the applicant will be deterred from applying if the respondent is notified, or where giving notice would cause the respondent to take steps to defeat the purpose of the order.
The court will fix a return date at which both parties can be heard.
How to Apply
Complete Form FL401 and file it at your local family court. There is no court fee. Attach a witness statement setting out the history of the abuse or harassment, specific incidents with dates, and why you need the order.
Be specific. Vague accounts are less likely to persuade a judge that urgent relief is necessary.
The Effect of the Order
A non-molestation order is backed by a criminal sanction. Breach without reasonable excuse is a criminal offence punishable by up to five years in prison. You do not need to apply to the civil court for enforcement -- call the police.
Keep a copy of the order with you at all times. If the order is breached, call the police immediately and tell them there is a non-molestation order in force.