Question: Do I Have To Attend Court For A Non Molestation Order?

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..

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.

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.

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 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.

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.

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.

What happens if a non-molestation order is contested?

If the order is accepted, it will remain in place and there will be no further hearings. If it is contested a second hearing will be listed at which both parties will attend. At the second hearing, X may consider offering undertakings (explained below) or accepting the order on a ‘no admissions, no findings’ basis.

Can you get a non-molestation order removed?

Only the person in whose favour the order was made (Applicant) can ask the court to remove or cancel it by writing to the court and explaining what the situation was and what it is now,why you would like the non-molestation order to be removed and what the benefit would be if it was removed.

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 long does a non-molestation order stay in place?

Injunctions are normally for a specified period of time (e.g. six months) but can be renewed; or they may be made “until further order”. There is no limit on the length of time that non-molestation orders can be extended.

Does a non-molestation order mean no contact?

Non-molestation orders often include provisions that mean you cannot have any contact with the person who has obtained the order, or come within a certain number of metres that person or their home. However, a non-molestation order will not automatically prevent your ex from seeing your children.