What happens in court for a non-molestation order?
What happens at a Non-Molestation Order hearing? The court hearing will be private, meaning only you, the applicant, and your respective legal representatives can attend. At the hearing, the judge will consider the applicant’s statement and evidence and your statement and evidence.
What is the punishment for breaching 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.
What evidence is needed for a non-molestation order?
We would recommend that the statement should exhibit, where available: Clear, colour photos of any injuries caused, or damage to property/belongings. Text message/social media evidence where relevant, such as messages containing threats of violence or control.
What happens after a non-molestation order ends?
What happens when a Non-Molestation Order expires? The applicant can ask for a Non-Molestation Order to be extended before the current order expires, if they feel they require further legal protection. If the order has expired already, a new application will be needed.
Can I speak to ex If I have a non-molestation order?
Non-molestation orders This is a type of injunction which prevents one person from harassing the other. If there is a non-molestation Order in place, it’s unlikely that you will be able to address these issues without legal representation, as the order will prohibit contact between you and your ex.
Can a non-molestation order be denied?
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.
Can you go to jail for a non-molestation order?
Non-molestation orders are incredibly powerful. They are upheld by the law at the highest degree, to keep all citizens safe. As such, breaching these orders is an arrestable offence. If guilty, the offender is likely to be arrested and could face a maximum of up to five years in prison.
Can I fight a non-molestation order?
How do you defend yourself against a non-molestation order?
If you are wanting to challenge the non-molestation order against you, you will need to provide evidence to support your case. You will usually need to challenge the applicant’s witness statement and any other evidence they have such as reports from professionals such as medicals and the police.
How do you fight 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.
How much does a non-molestation order 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.
