In addition to the criminal framework whereby some abusive behaviours are a criminal offence, such as assault, battery, stalking, harassment, controlling and coercive behaviour, in family law, victims of domestic abuse can also seek protection by applying for a non-molestation order.  This is an order that prohibits someone (the respondent) from engaging in certain behaviours and, if the order is made by the Court, and is then breached by the respondent (by doing what the order provides the respondent is not allowed to do), this is a criminal offence punishable by a fine or up to 5 years imprisonment.

Non-molestation Order

However,  a non-molestation order application can only be brought against an “associated person” which is defined at section 62(3) of the Family Law Act 1996 as follows:

(a)they are or have been married to each other;

(aa)they are or have been civil partners of each other;

(b)they are cohabitants or former cohabitants;

(c)they live or have lived in the same household, otherwise than merely by reason of one of them being the other’s employee, tenant, lodger or boarder;

(d)they are relatives;

(e)they have agreed to marry one another;

(ea) they have or have had an intimate personal relationship with each other which is or was of significant duration;

(eza)they have entered into a civil partnership agreement;

(f)in relation to any child, they are both persons falling within subsection (4); or

(g)they are parties to the same family proceedings (other than proceedings under this Part).

Case Study

The case of “D v T [2023] EWFC 97 (B)”, concerned a 4 month relationship between teenagers, who were aged 14 and 15  and the ground on which the applicant was relying on her and the respondent being associated persons was solely that of them having had “an intimate personal relationship with each other which is or was of significant duration.”

The court clarified that the definition of “intimate personal relationship of significant duration” involved, emotional connections, companionship, and shared experiences even if sexual intimacy is not present.

The court’s reasoning was that, as sexual intercourse under the age of sixteen is illegal, interpreting “intimacy” narrowly as needing to be sexual risks excluding teenagers from the protection of family law. The court considered that this could not be the intention of the Act, as people under the age of 16 are not excluded from applying for a non-molestation order.

As to the “significant duration”, the court considered that 4 months was a significant duration for the parties of their ages to be in a relationship. It is impossible to ascribe a time limit as to a relationship being of insignificant to significant duration

This wide interpretation by the Court is significant as it clarifies and extends who can seek the protection non-molestation orders.

It is clear that each application must be considered based on the circumstances and the individual parties.

If you are experiencing domestic abuse and you, or someone else, is in immediate danger, then you should call the police on 999 immediately. If you are unable to talk on the phone, you can use the Silent Solution system by calling 999 then, instead of speaking to the operator, pressing 55. The operator will transfer the call to the relevant police force as an emergency.

Check our previous blog on What is Domestic Abuse if you have concerns that you or someone you care about is a victim of domestic abuse.

How FJG can help

At Fisher Jones Greenwood we can also help you with various remedies to protect you from abuse including; divorce and separation, Non-molestation orders to protect you and your children from certain behaviour, or an occupation order which regulates occupation of the family home and can also order one person to leave.

If you would like advice about Domestic Abuse issues, please contact our Family Team at 01206 700113 or fill out our online contact form.