Forced Marriage Protection Orders and Non- Molestation Orders

A case that is prominent in the headlinesat the moment involves Princess Haya of Jordan, the estranged wife of Sheikh Mohammed bin Rashid al-Maktoum, ruler of Dubai. She is asking for a forced marriage protection order relating to their children and a non-molestation order against her husband following the breakdown of their marriage.

The coverage of this case illustrates that the issues raised by these types of Orders can affect people from all walks of life.

What is a Forced Marriage Protection Order?

A forced marriage protection order is a civil remedy to prevent people from being forced into marriage against their will. They can also protect those who have already been forced into marriage. In the majority of cases the person involved has received pressure from family members to marry against their will.

Whilst forced marriage is a crime in the UK, many people are reticent from reporting members of their own family to the police and pursuing criminal charges. A Forced Marriage Protection Order is an alternative to this and can provide protection. They and can also have a power of arrest attached if the court believes the respondent has used or threatened violence against the applicant or is in breach of the Order.

What is a Non-Molestation Order?

Non-molestation orders can protect against violence or harassment by a partner, ex-partner or family member. These can be useful for people who still need protection from the court in situations where the Police have confirmed they won’t be pursuing criminal charges.

A Non-Molestation Order allows the family court to impose restrictions on the partner’s ability to contact a person and this can be extended to attendance at a person’s property and methods of communication. These types of Orders are usually made for either 6 or 12-months duration. Any breach of these Orders is a criminal offence and should be reported to the Police.