How serious is a non-molestation order?
A non-molestation order is very powerful. If it is breached then it is an arrestable offence. The offender is likely to be arrested by the police and could be subject to imprisonment for a period of up to five years.
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.
How do I overturn a non-molestation order?
You can apply to change or set aside a non-molestation order by filing application to the family court using application form FL403. Our specialist team of non-molestation solicitors can provide the required legal help and support for changing or setting aside a non-molestation order.
What happens when you get a non-molestation order?
A non-molestation order is typically issued to prohibit an abuser from using or threatening physical violence, intimidating, harassing, pestering or communicating with you. An order could prevent the abuser coming within a certain distance of you, your home address or even attending your place of work.
Do I have to attend 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.
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 long is non-molestation order?
between 6-12 months
In most cases, the court will impose the order for a specific period, usually between 6-12 months, however, in some rare circumstances, it can make it for an indefinite period. Our Family Law experts can help you to apply for a Non-Molestation Order.
Do I have to attend Court for a non-molestation order?
Do I have to attend court for a non molestation order?
Does a non molestation order show up on a CRB check?
Does a Non Molestation Order show on a CRB check? Non-molestation orders are civil Court orders and are not automatically recorded against somebody’s criminal record. However, as below, breaches are a criminal offence and therefore, may be recorded.
What is the protocol for non molestation orders?
This is to set out clearly an agreed protocol for the service of non-molestation orders and injunctions made by the courts to protect people from violence and harassment.
Can a person appeal a non molestation order?
It does happen that some people are wrongly served or believe that they have been wrongly served with a non-molestation order. If this is the case then you have the right of appeal to the courts. You have to remember that domestic violence also falls under criminal law, as it’s a crime to assault someone.
When to respond to an ex parte non molestation order?
Within 14 days of the ex parte non-molestation order being made against a person, the court would list the matter for a hearing whereby the Respondent would get an opportunity to respond to the ex parte non-molestation order. What Options Are Available To The Respondent After Ex Parte Non-Molestation Order?
What happens if I breach a non molestation order?
A non-molestation order is very powerful. If it is breached then it is an arrestable offence. The offender is likely to be arrested by the police and could be subject to imprisonment for a period of up to five years. Does my partner need to know that I have applied for a non-molestation order? No, you can do it without your partner knowing.