1. Harassment Order under the Protection from Harassment Act 1997

Harassment is both a criminal offence and a civil action under the Protection from Harassment Act 1997. This means that someone can be prosecuted in the criminal courts if they harass you. It also means you can take action against the person in the civil courts.

2. Non-Molestation Order under the Family Act 1996

The word ‘molestation’ covers not only violence and threats of violence, but also pestering. In accordance with section 42 (5) of the Family Law Act 1996 the Court must have regard to all circumstances including the need to secure health, safety and well-being for the Applicant. Provided the Applicant can show a genuine need for protection a non-molestation order will be granted.

Breach of a Non-Molestation Order 

Section 43A of the FLA 1996 makes breach of a non-molestation order a criminal offence punishable by up to 5 years imprisonment on indictment and 12 months imprisonment on conviction in the Magistrates’ Court.

Where a Respondent breaches a non-molestation order they will be arrested for the crime of breaching the order and can be charged and brought before a criminal court. The prosecution will be handled by the CPS and the solicitors for the complainant will not play any role.

The penalty for breaking an occupation order can be up to two years in jail where a power of arrest was attached to the order or a fine of up to £5,000.

3. Occupation Order under the Family Law Act 1996

Under sections 33 and 35 to 38 of the Family Law Act 1996, an Occupation Order allows the Court to decide who should live, or not live, in the home or any part of it. The Order can also exclude the other person from an area around the home.

The Domestic Violence Disclosure Scheme is often called ‘Clare’s Law‘ after the landmark case that led to it. Clare’s Law gives any member of the public the right to ask the police if their partner may pose a risk to them.