England & Wales · 1996
Family Law Act 1996 (Part IV)
Protects: Associated persons — spouses, civil partners, cohabitants, family members, parents of the same child.
Information only. This is not legal advice. Court procedures and the law change. Always confirm with a solicitor, Citizens Advice, or a domestic abuse advocate before acting.
Summary
The main statute for non-molestation orders and occupation orders in the family court. These are civil orders breach of which is a criminal offence (for non-molestation orders) under s.42A.
Key provisions
s.42 — Non-molestation order
Prohibits a respondent from molesting an associated person or relevant child. Breach is a criminal offence carrying up to 5 years.
s.33 — Occupation order
Regulates who may live in the family home, can exclude the respondent from the home and surrounding area.
s.45 — Without notice (ex parte)
Court may make an order without notice where risk of significant harm, deterrence, or the applicant would be prevented from pursuing the application.
s.62 — Associated persons
Defines who can apply, including intimate personal relationships of significant duration.
What this Act affects
The specific protective court orders and decision points this Act creates or feeds — with the exact statutory section.
- Non-Molestation Order →
s.42 + s.42ACreates the NMO. s.42A makes breach a standalone criminal offence — up to 5 years.
- Occupation Order →
ss.33, 35–38Regulates who lives in the family home. s.33(7) 'balance of harm' test forces the court to make the order if applicant/child likely to suffer significant harm otherwise.
Decision point: court may grant either order without notice where risk of significant harm, or applicant deterred/prevented from applying.
Court must attach a power of arrest to an occupation order if violence used or threatened (unless adequately protected without one).
Decision point: defines the relationships that ground the court's jurisdiction for NMOs and occupation orders.