DS v AC

DS v AC

The applicant failed to demonstrate conduct by the respondent amounting to molestation or a risk of significant harm justifying a Non-Molestation Order, either with or without notice. The evidence showed distress at the end of a relationship but not behaviour warranting court intervention. The application was properly dismissed and should not be reinstated.

Parties
Applicant: DS; Respondent: AC
Jurisdiction
England and Wales
Judgment Date
29 March 2023
Procedural Posture
Family Law Non Molestation Order / Application for Reinstatement of Non Molestation Order After Dismissal
Outcome
Application for reinstatement of Non-Molestation Order refused
Legal Topics
Non Molestation Orders, Without Notice Applications, Molestation Definition, Harassment
Family Law Non Molestation Orders Without Notice Applications Molestation Definition Harassment

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Parties

DS

Applicant

AC

Respondent

Procedural Posture

Family Law Non Molestation Order / Application for Reinstatement of Non Molestation Order After Dismissal

Legal Issues

  1. 1 Whether the statutory criteria for a Non-Molestation Order under s.42 Family Law Act 1996 are met
  2. 2 Whether a without notice Non-Molestation Order should have been granted
  3. 3 Whether the application should be reinstated

Ratio Decidendi

The applicant failed to demonstrate conduct by the respondent amounting to molestation or a risk of significant harm justifying a Non-Molestation Order, either with or without notice. The evidence showed distress at the end of a relationship but not behaviour warranting court intervention. The application was properly dismissed and should not be reinstated.

Court Disposition

Application for reinstatement of Non-Molestation Order refused