Question: What Evidence Do I Need For A Non Molestation Order?

What evidence do I need for an injunction?

An application for an interim injunction must usually be supported by evidence.

This will usually be in the form of a witness statement or affidavit including all material facts of which the Court should be made aware, and attaching relevant documents..

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 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 much does it cost to apply for an injunction?

The Judge will hear the application and decide whether or not it is suitable to issue an injunction. At the first hearing the Judge will (more than likely) issue an interim order, followed by a further hearing to issue the injunction. The average cost of obtaining an injunction is approximately £500.

What are the grounds for a non-molestation order?

Examples of what a non-molestation order might include: Your abuser must not be violent, threaten violence, intimidate, pester or harass you. Your abuser must not contact you by telephone, email, social media or in person. Your abuser must not attend or contact for any reason your place of work.

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.

How do I get a non-molestation order lifted?

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.

What is the difference between a non molestation order and a restraining order?

Is a Non Molestation Order the same as a Restraining Order? While they come from different courts, they essentially do the same thing. One difference can however be the length of the order. Sometimes, the Magistrates or Crown court will make a restraining order, “until further order”.

Why would someone get a restraining order?

A civil harassment restraining order is a court order that helps protect people from violence, stalking, serious harassment, or threats of violence. You can ask for a civil harassment restraining order if: A person has abused (or threatened to abuse), sexually assaulted, stalked, or seriously harassed you, and.

Can you get a non-molestation order without evidence?

The courts always require evidence before they will make a Non-Molestation Order. However, many applications are made ‘ex-parte’, meaning the respondent is not given an opportunity to defend themselves before the Order is made.

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 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 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.

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.

Can you get an injunction without going to court?

Even if the court does not issue a restraining order (or if there has not been a criminal trial at all) you can make an application for a protective injunction.

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.