Can I obtain a Non Molestation (Injunction) Order (NMO)?

A non molestation injunction order is an order protecting someone from "molestation", often arising on the breakdown of a relationship. Whether you can obtain such an order depends on a number of factors, including the following:-

a.     the Court has the power to make a NMO under the Family Law Act 1996. (1)

b.     the order is a discretionary one. (2) 

c.      there has to be molestation (3)

d The act does not define molestation, but n T (A Child) [2017], Lord Justice McFarlane said that the focus has always been on the alarm / distress to the victim from “conduct of 'such a degree of harassment as to call for the intervention of the court' “and that a positive intention to molest is not required. (4)

e.     When considering conduct, the court is assisted by the DAA 2021 statutory definition of domestic abuse (5), expanding on the 2012 cross-Government’s definition. (6)

f.      The relevant parties to any NMO proceedings must be “associated” (7) (8).

g.     The court must have regard to all the circumstances that go toward securing the health, safety and wellbeing of the applicant, relevant child, and any other person the order is being sought to protect. (9)

h.     The orders::-

1. can be drafted to cover general and specific acts of molestation (10) but it is better to be specific, given that breach of an order is a criminal offence (11), the standard orders assisting accordingly (12)

2. are made for a specified period or until a further order (13). Cobb J though said in Manjra v Shaikh [2020] (14) that it was likely to be no more than 12 months given the seriousness of any breach.

3. are normally to allow “breathing space” and for matters to “settle” (15).

4. can be made without notice and on a short form basis of standard orders, guidance being provided on this and generally in the Practice Guidance.(16)

   
   

   Please note that this information is the authors view on this subject, who strives to ensure it is as accurate as it can be on the date published. It is for information only though for the reader to check by obtaining their own legal advice and the author does not accept liability for its use.

Footnotes

1 FLA 1996 section 42

2 Chechier v Bashier 1999 2 FCR 241, 1999 2 FLR 489, CA, Butler Sloss

3 C v C (Non-molestation order) (1997) Times 16/12/97

4 Re T (A Child) [2017] EWCA Civ 1889

5 Part 1 of the Domestic Abuse Act 2021 (DAA 2021

6 2012 cross-Government’s definition of domestic abuse

7 FLA 1996 section 42 (2)

8 FLA 1996 section 62

9 FLA 1996 section 42 (5)

10 FLA 1996 section 42 (6)

11 Given the changes made by the DVCVA 2004

12 Amendments to the standard Orders

13 FLA 1996 section 42 (7)

14 Manjra v Shaikh [2020] EWHC 1805 (Fam), [2021] 1 FLR 106, Cobb J

15 Re B-J (Power of Arrest) [2000] 2 FLR 443 at [29] and [33], Lady Hale.

16 Practice Guidance: Non-Molestation Injunctions - Courts and Tribunals Judiciary