AQW 15085/22-27 Written question to the Minister of Justice

To ask the Minister of Justice for her assessment of the effectiveness of non-molestation orders when perpetrators with an active order are allowed to work on family farms where victims reside.

Asked by Claire Sugden MLA on 16 September 2024

  • Answered
  • Written
Tabled
16 September 2024
Answer due by
1 October 2024
Answered
25 September 20249 days after tabling
Department
Department of Justice
Priority question
No

Answer

A non-molestation order prohibits the party against whom it is made from “molesting” the party protected by the order. It is for a court to determine the terms of an order and whether any subsequent behaviour amounts to a breach of it.

Non-molestation orders are effective in that they provide victims with protection against a wide range of behaviours, including serious pestering and harassment, and in some cases they may prohibit specific acts. An order can also exclude the respondent from a defined area in which a dwelling-house is included, any other defined area, and any premises specified in the order, and this may be a way of providing additional protection to a victim.

A party who has obtained a non-molestation order and is concerned that they are not adequately protected by the terms of the order, may apply to the court to seek a variation.

Breach of a non-molestation order is a criminal offence punishable by a fine, imprisonment or both.

It is important to note that unless specifically provided for under the terms of the non-molestation order, it generally does not prohibit all forms of contact with the victim, or being in the same general vicinity as them, unless these actions are of themselves molesting.

Official sources