Quick Answer: Do You Need A Solicitor For A Non Molestation Order?

What evidence do you need 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..

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.

What’s a non molestation order uk?

In England and Wales, a Non Molestation Order prohibits a person (the respondent) from molesting the person applying for an Order (the applicant) or a related child. Non Molestation Orders are used to protect the person applying for the Order from the respondent’s behaviour.

How long will a non molestation order last?

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.

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.

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.

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 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.

Do you have to go to court for a non-molestation order?

In order to have a non-molestation order made against your abuser, you must apply to the Court with a sworn Statement to support your allegation of domestic violence. Your partner or former partner will be notified of the application and you both need to attend a Court hearing.

How do I get rid of a non-molestation order?

Apply by email or postCheck if you’re eligible to apply for a non-molestation order or an occupation order.Download and fill in the application form (form FL401) and make 2 copies.Write your witness statement telling the court what has happened and asking for the relevant order.More items…

How much does it cost for a non molestation order?

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.

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 happens when an occupation order is granted?

An occupation Order allows the Court to decide who should live, or not live, in the home or any part of it. The Order can also exclude the other person from an area around the home. The power to make an Order is contained in sections 33 and 35 to 38 of the Family Law Act 1996.

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.

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.