Question: How Do You Defend Yourself Against A Non-Molestation Order?

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.

Directions set a timetable for when evidence, including witness statements of the parties, should be sent to the other party and to the court..

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.

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.

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 much does non-molestation order cost?

How much will it cost? A Non-Molestation Order has no court fee, so it is free to apply to the court for one, however, if you use the services of a solicitor to apply, you will need to pay their fees.

What can a prohibited steps order do?

A Prohibited Steps Order is an order which prohibits a party (usually a parent) from a certain activity relating to a child(ren), and which also prohibits a party from exercising their parental responsibility.

What evidence is needed for a non-molestation order?

The Government rules allow you to do this so that no one is left without immediate protection. This is known as DV waiver. In order to progress with an application for Legal Aid you will need evidence of your financial circumstances including bank statements and wage slips/evidence of benefits.

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.

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.

What is 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.

Can I fight 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.