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.
Can a non-molestation order be granted without evidence?
Non-Molestation Orders are only intended to protect victims of domestic violence, whether it be from physical abuse, emotional abuse, psychological abuse, financial abuse, sexual abuse, or coercive control. The courts always require evidence before they will make a Non-Molestation Order.
What happens with 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.
Can you get a non-molestation order removed?
Can a non-molestation order be cancelled or removed? The person who the non-molestation is against (Resondent) cannot have it cancelled or removed.
Can I see my children if I have a Non-Molestation Order?
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.
What evidence is needed to get 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.
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.
Do you 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.
Can I see my children if I have a non-molestation order?
What evidence do you need to get a non-molestation order?
