Quick Answer: How Serious Is A Non-Molestation Order?

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 stay on your record?

It only becomes a criminal offence if the order is breached. So it is not ordinarily dealt with by the police until there is a breach, which is reported to them. … No, as in the courts do not ordinarily just contact the police and advise them that a NM order has been issued.

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.

Do I have to pay for a non-molestation order?

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.

How do you fight a non-molestation order?

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.

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…

What happens when you get a non-molestation order?

Breaching a non-molestation order is a criminal offence that can be taken to the criminal court. The criminal courts have a range of sentencing options available to them. The maximum sentence is 5 years imprisonment and a fine.

How long does a non-molestation order last?

six to 12 monthsA non-molestation order is usually granted for six to 12 months, although in certain circumstances, it could be granted for a longer period. An order can also be extended. A non-molestation order does not need a power of arrest as it is a specific criminal offence to breach it.

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.