If you’re the respondent to a non-molestation order, you have the legal right to contest it. The court ensures that both parties have the opportunity to present their case fairly.
Respondent’s Rights
You can challenge a non-molestation order by attending a court hearing. During this hearing, you’ll have the chance to present evidence and explain why the order should not have been granted. For example, you may provide:
- Texts or emails that clarify the context of accusations.
- Witness statements that counter claims of harassment or abuse.
- Documentation showing that allegations are unfounded or misrepresented.
The court will consider both sides before deciding whether to maintain, vary, or discharge the order.
Role of Legal Representation
Having experienced legal representation is crucial when contesting a non-molestation order. A solicitor ensures that your rights are protected and that your evidence is presented effectively. They will help you navigate complex legal arguments and highlight any inconsistencies in the application.Legal expertise can also assist in reaching agreements outside of court, avoiding prolonged legal disputes when possible.
At MMA Law, our solicitors provide expert guidance for respondents, ensuring that your case is handled professionally and fairly. Whether contesting the order or seeking a modification, we’re here to support you at every step. Contact us today for tailored advice.
FAQs About Non-Molestation Orders
How long does it take to obtain a non-molestation order?
A non-molestation order can be granted the same day if there is immediate danger. For less urgent cases, the process typically takes a few days to a week. Factors like court schedules and the completeness of your application can affect the timeframe.
What evidence do I need to apply for a non-molestation order?
To apply, you need evidence that supports your claims of abuse or harassment. This may include:
- Text messages or emails showing abusive communication.
- Witness statements from friends, family, or neighbours.
- Medical or police reports documenting injuries or past incidents.Having comprehensive evidence strengthens your case.
Can I apply for an order without the respondent being notified?
Yes, you can apply for a without notice (ex-parte) order if notifying the respondent could increase your risk. This ensures immediate protection. The court will later hold a full hearing where the respondent can present their case.
How long does a non-molestation order last?
Non-molestation orders typically last 6–12 months, depending on the circumstances. You can request an extension if the threat persists, and the court may grant it if deemed necessary.
What happens if the respondent breaches the order?
Breaching a non-molestation order is a criminal offence. The respondent can be arrested and face penalties such as fines, community orders, or up to five years in prison. Always report breaches to the police immediately.
Can a non-molestation order force the respondent to leave my home?
No, a non-molestation order does not directly address housing arrangements. You may need to apply for an occupation order to require the respondent to leave your shared home.
Can I apply for a non-molestation order against someone I’m not in a relationship with?
Yes, you can apply against family members, ex-partners, or cohabitants. In some cases, orders may apply to others, such as acquaintances, if their behaviour poses a significant threat.
What is the difference between a non-molestation order and a restraining order?
A non-molestation order is typically sought in family law cases to prevent abuse, while a restraining order is issued in criminal cases to protect victims of harassment or violence. Both provide protection but differ in their application process and context.
Do I need a solicitor to apply for a non-molestation order?
While you can apply without a solicitor, having legal representation ensures your application is thorough and your case is presented effectively. Solicitors help prepare evidence, file documents, and advocate for you in court.
Can a non-molestation order be challenged or contested?
Yes, respondents can contest the order by attending a court hearing. They can present evidence or argue against the order. Having a solicitor helps you prepare for such challenges.
What should I do if social services are involved in my case?
If social services are involved, it’s essential to seek legal advice. A solicitor can help navigate child safeguarding concerns and ensure your rights are protected throughout the process.
Will I need to attend court for a non-molestation order application?
You may need to attend court, especially for a full hearing if the respondent challenges the order. In urgent cases, initial hearings for without notice orders can sometimes proceed without you being present.
What are the costs associated with obtaining a non-molestation order?
Costs depend on your eligibility for legal aid, which covers fees for victims of domestic abuse. If you’re not eligible, private solicitor fees will apply, and MMA Law offers clear, transparent pricing.
How can I extend or renew a non-molestation order?
To extend an order, you must apply to the court before it expires. The court will assess whether continued protection is necessary based on the circumstances at the time.
Can a non-molestation order be discharged or varied?
Yes, either party can apply to modify or discharge the order if circumstances change. The court will decide whether the request is reasonable and in the best interest of all parties.
What should I do if I feel unsafe while waiting for the order?
If you feel unsafe, contact the police immediately for protection. Consider staying with trusted friends or family, or seek support from local domestic abuse charities for emergency housing or advice. Solicitors can expedite your application to ensure faster legal protection.