Does A Non Molestation Order Mean No Contact?

Can I challenge a non-molestation order?

You can challenge a non-molestation order/application made against you if you believe that the non-molestation order or application against you is baseless and not corroborated by any evidence..

Does a non-molestation order show up on a CRB check?

No, as in the courts do not ordinarily just contact the police and advise them that a NM order has been issued. But if the order is breached and the victim contacts the police then that is usually when it will be entered into the system as that would be their first involvement in such a case.

Can I speak to ex If I have a non-molestation order?

If there is a non-molestation Order in place, it’s unlikely that you will be able to address these issues without legal representation, as the order will prohibit contact between you and your ex. If so, a Family Law Solicitor can act on your behalf.

How long does it take for a non-molestation order to be served?

However, the order does not become effective until they are personally served with it, so the respondent is not able to unknowingly breach a court order. They will also be notified within the documentation of the date of the full court hearing, which will normally be within 2-3 days.

What are the terms of a non molestation order?

An order under the Family Law Act 1996 prohibiting the respondent from molesting an associated person or any relevant children. A non-molestation order commonly states that a respondent must not: Use or threaten violence towards the applicant or any relevant children.

What evidence do I need for an occupation order?

Evidence by you You will need to make a sworn statement to the court about the physical and emotional abuse you have experienced physically and emotionally, including the dates and times and the effects on you and your children.

How do you defend yourself against a non-molestation order?

How do I challenge a Non-Molestation Order? The first thing to do is to contact a specialist family law solicitor, especially if the Order was made ex-parte as there will only be a short period of time between the granting of the Order and the court hearing.

For some cases you can get legal aid regardless of your financial means. Non means tested legal aid is available if your child is subject of care or supervision proceedings . You may qualify for legal aid for some injunctions, such as a non-molestation order, but you might be required to make a contribution.

How does a non molestation order get served?

The Non-molestation Order will need serving on the Respondent which will then give the Applicant the protection of the Order. … You would serve the Order on the Respondent by instructing a Process Server . A Process Server is a person that serves Court papers.

What happens when a non-molestation order runs out?

Failure to adhere to the court order could lead to either criminal proceedings or civil proceedings by applying to the court that made the order. Breaching a non-molestation order is a criminal offence. This could lead to a sentence of up to 5 years imprisonment and a fine.

How serious is a non molestation order?

A non-molestation order does not need a power of arrest as it is a specific criminal offence to breach it. The maximum sentence through criminal courts is five years’ imprisonment and a fine; via the family court it is imprisonment of up to two years, a suspended sentence or fines.

What does a non molestation order cover?

A non-molestation order is aimed at preventing your partner or ex-partner from using or threatening violence against you or your child, or intimidating, harassing or pestering you, in order to ensure the health, safety and well-being of yourself and your children.

Do I have to attend court for a non-molestation order?

You will have to attend this hearing and you may have to give evidence. The court will consider all the evidence and decide whether the order should be continued or extended. Either you or your solicitor are responsible for serving the order on your abuser.

Whats the difference between a restraining order and a non-molestation order?

Occupation orders primarily deal with who occupies the family home, whilst non-molestation orders prevent harassment and further abuse. Restraining orders are imposed on offenders to prevent them from further abusing or harassing victims.