Question: What Evidence Do You Need For A Non Molestation Order?

Are non molestation orders effective?

However, the order does not become effective until they are personally served with it, so the respondent is not able to unknowingly breach a court order.

The respondent may serve a statement in response, but does not have to.

At the hearing the court will decide if the Non-Molestation order continues or not..

What happens when you apply for a non molestation order?

By obtaining a Non-molestation Order the court proclaims that the abuser (a perpetrator of the abuse against a victim) cannot do or take certain actions, for example, not to approach the victim, not to act in a threatening manner or use violence or abuse towards a victim (in some cases the child(ren)) or attend any …

What does a non molestation order cover?

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.

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

You can apply to the court for a non-molestation order. This can require your partner not to use violence, threaten or intimidate you (or your children). An injunction cannot guarantee that the abusive behaviour will stop, but an abuser who breaches the terms of a non-molestation order can be arrested.

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, Non-Molestation Orders do not automatically prevent your ex from seeing your children.

How long does a non molestation order last for?

There is no limit on the length of time that non-molestation orders can be extended. Occupation orders can only be extended beyond 12 months if you have a legal right to stay in the home (i.e. as owner or co-owner, or tenant/joint tenant, or because you are or have been married to the owner/tenant).

Does a non molestation order stay on your record?

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 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.

How much does it cost to file an injunction?

There are no fees to file for an injunction against harassment. The judge may also order the losing party to pay for the winning party’s court costs and attorney’s fees. Although you do not need a lawyer to file for an injunction against harassment, it may be helpful to have a lawyer.

Can a non molestation order be rejected?

Sometimes the non-molestation order can be dismissed at the initial return hearing without the necessity for undertakings if it is agreed or the court believes it is not necessary. If the respondent decides not to contest the order, it remains in force for a particular period of time.

Does a non molestation order show up on a CRB check?

A non-molestation order is not the same as a criminal conviction. The standard of proof is not as high as in criminal proceedings and it can be put in place by consent without any findings being made against the individual involved at all. It would not appear on a basic or standard DBS check.

Can the police issue a non molestation order?

If you have a non-molestation order in place, then the police can arrest your abuser for the offence of breaching that order. To make an application for a non-molestation order, you and your abuser must have “association” under the Family Law Act 1996.

How do I get a non molestation order lifted?

The person who the non-mol is against can’t have it removed. Only you can remove it and if it was granted in the first place there is sufficient evidence to prove that the protection needs to stay in place.

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.