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When it comes to obtaining a Non-Molestation Order, there are a few rules be aware of in respect to eligibility.
To begin, it is worth noting that Non-Molestation Orders are available to people of any gender. Whilst they are predominantly granted to women, this is a trend as opposed to the rule. There is also a common misconception that you can only apply for a Non-Mol if you are over 18 years of age. It is possible for under-16s to apply for a Non-Mol, the rule is that they must ask for the court’s permission to do so.
The general concept when it comes to obtaining a Non-Molestation Order is that you must be an ‘Associated Person’. In basic terms this means that your relationship with the respondent must fall into any one of a number of categories.
The most common situation arises between two people who have been in a romantic relationship. This covers married couples and those in civil partnerships, but also two people who either currently live together or used to do so. Similarly you are an Associated Person if the respondent is someone who at some point you had agreed to marry.
Often there is a belief or assumption that Non-Molestation orders are only relevant when it comes to people in relationships with each other. The reality is that they also apply to familial situations. You can apply for a Non-Molestation Order against your relatives, whether that be parents, siblings, or even grandparents.
On the topic of family, you can also get a Non-Molestation Order against somebody who is involved in seeing or caring for your children. This usually means current or former in-laws, and is done so to allow for the best protection of any children involved.
If you are an ‘Associated Person’, you can obtain a Non-Molestation Order if you have suffered some form of ‘molestation at the hands of the respondent. The term ‘molestation’ in this case has not been given a fixed definition, but is interpreted broadly to cover a wide spectrum of abusive or threatening behaviour.
Often this does amount to physical abuse or molestation. If you have suffered from violence or physical intimidation at the hands of someone, a Non-Mol can ensure that they are kept away from you. But they are not just limited to varying forms of physical abuse. Another common instance that Non-Mols are issued for relates to verbal abuse.
On top of this you have abuse related to control. Non-Molestation Orders can help victims of coercive control, what this generally means is a situation where you are being controlled by your partner. Similarly, they can help in cases of financial abuse. If you are concerned about a course of behaviour but worry that it might not fit into a more traditional idea of abuse, please be aware that Non-Mols can be obtained for a broad range of situations.
In conclusion, anyone can obtain a Non-Molestation Order so long as their relationship with the Respondent falls within an “Associated Person” category, and there is the presence of some form of “molestation”. They are not just for married or cohabiting couples, and they are not just for cases of physical abuse. They are highly flexible and capable of protecting a range of people.