Grant non-molestation orders based on past abuse, not just risk of future harm

Background

We call on the Government to change the law so that non-molestation orders are always granted based on evidence of past domestic abuse, even if there has not been a recent incident. Currently, victims must prove not only that abuse has taken place but that there is an ongoing risk of future harm.

Additional details

Survivors are often refused non-molestation orders because judges say abuse is not "recent". This leaves victims exposed if abusers are briefly on "good behaviour" e.g. during court cases. Even some survivors of near-fatal attacks are told they must wait to be harmed again before getting protection. A lot of domestic abuse is cyclical so pauses don't remove risk. The law must recognise this & close the loophole: allow survivors protection based on past abuse without waiting for further violence.

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