Quick Answer: Can I Get Legal Aid To Defend 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.

At the second hearing, X may consider offering undertakings (explained below) or accepting the order on a ‘no admissions, no findings’ basis..

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 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.

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.

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.

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.

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.

What evidence is needed for a non-molestation order?

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. Your solicitor will advise you specifically about this according to your circumstances.

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.

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.