What is the criteria for a non-molestation order?
What is the criteria for a non-molestation order?
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.
Can I fight a non-molestation order?
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.
Does a non-molestation order have to be served in person?
At the hearing the court will decide if the Non-Molestation order continues or not. If the court does not believe there to be imminent danger to the applicant or a relevant child, the application will need to be personally served on the respondent, not less than 2 days before the court hearing.
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.
Can I see my children if I have a Non-Molestation Order?
What happens if a Non-Molestation Order is contested?
If the order is accepted, it will remain in place and there will be no further hearings. If it is contested a second hearing will be listed at which both parties will attend. If no offers are made and the order is not accepted on any terms, the court will list directions at this hearing and set a final hearing.
What is the punishment for breaching a non-molestation order?
A breach of a Non-Molestation order is a serious offence and can result in the involvement of the police and a prison sentence of up to five years.
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.
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.
