Updated: Aug 20
The Misuse of Non-Molestation order
Though the non-molestation order is one of the most efficient ways to seek protection against domestic abuse, it is a matter of great concern that the Non-Molestation order is being used as a tool to abuse the opposite party and to take tactical undeserving advantage.
It is the opinion of this author that there is an urgent need for the legislation to change and that Ex party Non-Molestation orders should be issued on an exceptional basis and not as a matter of course.
According to the reports of The Guardian, a shared parenting charity has claimed that non-molestation orders are being misused as a legal tactic against parents. This is a sad state of affairs, that needs revisiting and correcting.
It seems that many parents are being encouraged by some misplaced advisors, to falsely claim domestic abuse to get legal aid and stop the other parent from seeing their children or worse to harass the opposite party.
The author's experience is that the non-molestation orders are often exploited and at times misused by some parents to obtain legal aid in family feuds involving children. The weaponization of court procedures by revengeful parents is encouraging false allegations and fueling the conflict between the separated couples.
To understand the significance of this issue, let’s take a look at what is a non-molestation order, who are some of the legalities involved, and how it can be misused?
Who can apply for a Non-Molestation Order?
You can usually apply if you’re a victim of domestic abuse and the person you want to be protected from (‘the respondent’) is: