Non-Molestation Orders s42 FLA 1996

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  • Non-Molestation Order s42 Family Law Act 1996
    • Pre-issue: Police? Bail? Warning letter?
    • Prohibits R from molesting A or a relevant child.
    • Associated persons?  By marriage s62(2)(A)
    • Relevant child? s62(2)(a) child who lives with the parties.
    • Has R 'molested' A?
    • Ex parte or with notice?
    • What is molestation?  Includes a wide range of behaviour including violence.
    • Breach of non-molestation order is an arrestable offence.

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