A non-molestation order has been made against me. Will this stop me from getting a job?

The making of a non-molestation order against an individual does not have the same impact as a criminal conviction would do.  The standard of proof is not as high as in criminal proceedings and it can be put in place by agreement without any findings being made against the individual involved at all. The court can also put an interim order in place to protect the applicant without hearing from the individual that the allegations have been made against pending the evidence being considered in detail. 

It would not appear on a basic or standard DBS check. It could however come up on an enhanced DBS check as the Police will be aware of it if a copy has been provided to them (as is standard procedure). The Police should only disclose it if they consider it to be relevant to the application for which the check has been requested for example if you are applying to work in some capacity for the Police even an interim order that was never made final could appear on your enhanced DBS check.

A breach of a non-molestation order is a criminal offence and would appear on a DBS check, but this would be subject to the rules relating to spent convictions (when after a particular period of time the individual is treated as if the offence hadn’t occurred) and filtering (these rules determine whether an individual has to declare convictions and cautions even though they are spent).  There are some jobs that require a prospective employee to reveal all convictions whether they are spent or unspent. 

George Green’s Specialist Family and Divorce Lawyers give advice regularly about non-molestation orders and other protective injunctions such as occupation orders.  We represent clients from the West Midlands and beyond including Dudley, Stourbridge, Cradley Heath, Wolverhampton and Sutton Coldfield.

If you require any further assistance, or wish to book in for an initial consultation to discuss your situation, our family solicitors are based in Wolverhampton, Cradley Heath and Sutton Coldfield serve clients across the West Midlands. For all new enquiries, please call 01902 328 355 or complete our online enquiry form and a member of our team will respond.