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The number of non-molestation orders \u2013 issued by courts to prevent domestic abuse \u2013 has rocketed by 37% over the past five years because they are being exploited to secure legal aid, according to the charity Families Needs Fathers.<\/p>\n
The \u201cweaponisation\u201d of court procedures by \u201cangry and vengeful parents\u201d is encouraging false allegations and fuelling conflict between separating couples, the head of the organisation has claimed.<\/p>\n
The figures are based on the latest quarterly statistics produced by the Ministry of Justice. Since 2013, when the Legal Aid, Sentencing and Punishment of Offenders Act (L<\/a>aspo)<\/a> came into force the number of non-molestation orders issued by English and Welsh courts has increased from fewer than 20,000 to more than 26,000 a year.<\/p>\n That increase, equivalent to a 37.3% rise, has been linked to the withdrawal of legal aid in all divorce cases except those where there is evidence of domestic violence. As many as 80% of all family law cases<\/a> now involve one party who is unrepresented.<\/p>\n Changes in legislation designed to save money have had unintended consequences, Families Need Fathers allege, destroying healthy child-parent relationships.<\/p>\n Non-molestation orders \u2013 granted on the civil level of proof, the balance of probabilities \u2013 can be used as evidence of domestic violence and therefore as evidence for obtaining legal aid. In most cases they are granted to women.<\/p>\n Women\u2019s aid organisations have also been campaigning against restrictions on legal aid. They question, however, whether there has been false reporting to secure it. Other groups have suggested that increases in applications for non-molestation orders may be related to greater awareness of domestic abuse and of the measures available to combat it.<\/p>\n Jerry Karlin, chair of Families Need Fathers, said: \u201cWe have known for some time that people were exaggerating or making bogus allegations against former partners to secure legal aid in their private family disputes.<\/p>\n