What Is The Difference Between A Restraining Order And A Non-Molestation Order?

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.

Can I challenge 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.

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.

What’s worse than a restraining order?

A criminal protective order protects a victim of a crime from further and future harm or harassment by an aggressor, usually the defendant in a criminal case. … A CPO supersedes any other type of civil restraining order issued by a family court judge or civil order.

What can the police do about harassment?

What Can The Police Do About Harassment? If you feel as if you’re being harassed or stalked, you can report it to the police or apply for an injunction through civil court. It is a criminal offence for someone to harass you or to put you in fear of violence.

What is the criteria 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.

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 defend yourself against a non-molestation order?

How do I challenge a Non-Molestation Order? The first thing to do is to contact a specialist family law solicitor, especially if the Order was made ex-parte as there will only be a short period of time between the granting of the Order and the court hearing.

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.

Is breach of non-molestation order an indictable Offence?

What happens if a non-molestation order is breached? … The breach of a non-molestation order or injunction is actually a criminal offence, and carries a possible prison sentence of up to five years. After an order is breached the perpetrator could be arrested and criminal charges may follow.

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.

What is the difference between a non mol and a restraining 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 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 does a non-molestation order cover?

A non-molestation order is aimed at preventing your partner or ex-partner from using or threatening violence against you or your child, or intimidating, harassing or pestering you, in order to ensure the health, safety and well-being of yourself and your children.

What is the difference between a non-molestation order and an injunction?

An injunction is a court order that either: protects you or your child from being harmed or threatened by the person who’s abused you – this is called a ‘non-molestation order’ decides who can live in the family home or enter the surrounding area – this is called an ‘occupation order’

Does filing a restraining order cost money?

It does not cost anything to file for an order of protection. Many orders of protection cases are handled without a lawyer however it can often be helpful to have one represent you in court. … If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.