CONTESTING NON- MOLESTATION ORDER
A non-molestation order is a type of injunction that you can apply for through the family court. These orders are granted in order to prevent a partner, or former partner (or other “associated person”), from causing you or children harm.
Harm doesn’t just mean physical harm, it can also include harassment, intimidation, psychological abuse, or even threats to inflict physical harm, as well as coercive and controlling behaviour and financial abuse.
Non-molestation orders can be served to many different types of people that you have a relationship with, not just spouses, this is what is known as “associated persons”.
These orders can be applied against:
- A spouse, or ex-spouse
- A civil partner, or previous civil partner
- A fiancé(e) or ex-fiancé(e)
- A family member
- Someone who you live with, or used to live with
- The father or mother of your children
These orders are very serious and can have serious consequences if they are broken. Once you have a non-molestation order put in place, you should feel much safer as any breaches amount to an arrestable offence and depending on the seriousness of any reported breach, the person that has breached the order could result in up to 5 years in prison.
Contesting a Non-Molestation Order
Unfortunately, sometimes people may be falsely accused and face a non-molestation order based on untruths and misstatements. If you find yourself in this position, you do have the right to challenge the claims that are being made against you.
If you believe there is no evidence for the implementation of a non-molestation order, there are two options to challenge it. To do this, you either need to choose not to oppose order but also not agree to give undertaking, on the basis that you do not accept the claims; or oppose the order and successfully prove the applicant wrong in their allegations.
With regards to the latter, consideration as to what evidence will be gathered is important and could include documentary evidence (from medical records or police files) or witness statements. The case must be proven on a balance of probabilities, meaning a lack of evidence would make rebuttal tricky.
Whilst contesting, the order is still active so it is also important to bear in mind that the terms of the order should continue to be adhered to. Irrespective of whether an order is deemed justified or not following the provision of counter evidence, it must be adhered to.
Our team of solicitors are specialists in providing high quality legal services for contesting Non-Molestation Orders. Our experienced solicitors have wealth of knowledge and experience of successfully contesting Non-Molestation Orders.
