The making of a non-molestation order does not have the same impact as a criminal conviction.  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. 

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.

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).

George Green’s Specialist Family and Divorce Lawyers give advice regularly about non-molestation orders and other protective injunctions such as occupation orders.  If you wish to discuss your matter please Jane Williams on 01384 340 528 (jwilliams@georgegreen.co.uk) at our Cradley Heath office.  We represent clients from the West Midlands and beyond including Dudley, Stourbridge, Cradley Heath and Wolverhampton.