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This Practice Note explains the criteria that the court must have regard to when considering an application for a non-molestation order under Part IV of the Family Law Act 1996 (FLA 1996). It explains who can apply for a non-molestation order and who are associated persons under FLA 1996, Pt IV. It also considers the definition of molestation. It contains a summary of the provisions in the Domestic Abuse Act 2021 (DAA 2021).

Under the Family Law Act 1996 (FLA 1996) a non-molestation order is an order prohibiting a person (the respondent) from molesting another person who is associated with the respondent or a relevant child.

The court can make a non-molestation order:

1. •

   if an application for the order has been made (whether in other family proceedings or without any other family proceedings being instituted) by a person who is associated with the respondent, or

2. •

   if in any family proceedings to which the respondent is a party, the court considers that the order should be made for the benefit of any other party to the proceedings or any relevant