Q&As

Can a non-molestation order made under the Family Law Act 1996 be granted for longer than 12 months or for an indefinite period?

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Published by a LexisNexis Family expert
Published on: 12 April 2022
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Applications for non-molestation orders under Part IV of the Family Law Act 1996 (FLA 1996) are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, in particular FPR 2010, SI 2010/2955, Pt 10 and the supporting practice direction FPR 2010, PD 10A.

The duration of a non-molestation order is at the discretion of the court and FLA 1996, s 42(7) provides that a non-molestation order may be made for a specified period or until further order.

An injunction made 'until further order' will last until such time as either the applicant or respondent applies to discharge it. Such orders are made only in exceptional cases, eg where there is a history of expired injunctions. It is established practice to stipulate a time limit in most cases. Duration is often effected by whether or not the application was made with notice or without notice and whether there has been a return date.

Emergency Procedures in the Family

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United Kingdom
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Key definition:
Non-molestation order definition
What does Non-molestation order mean?

An order obtained under Part IV of the Family Law Act 1996 protecting a party from 'molestation' prohibiting a person (the respondent) from molesting a person associated with the respondent or a relevant child.

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