1. Understanding Non-Molestation Orders UK
A non-molestation order UK is a type of injunction issued by the family court to protect someone from harassment, abuse, or threats. While the order is designed to safeguard victims, sometimes they are obtained based on exaggerated or false claims. This is where a defence solicitor plays a crucial role.
2. Why You May Need a Non-Molestation Order Defence Solicitor
You should seek legal help if:
- You have been served with a non-molestation order.
- You believe the allegations are false or exaggerated.
- You want to contest the order and present evidence.
- You need advice on how to respond without breaching the order.
3. Immediate Steps After Being Served
If you receive a non-molestation order:
- Read the order carefully to understand restrictions.
- Comply immediately—breaching the order is a criminal offence.
- Seek legal advice from a family law solicitor specialising in defence.
4. Role of a Non-Molestation Order Defence Solicitor UK
A solicitor can:
- Review the allegations and advise on defence strategy.
- Help you decide whether to accept, contest, or offer undertakings.
- Prepare evidence (texts, emails, witnesses) to disprove claims.
- Represent you in court hearings.
- Protect your rights regarding property, children, and reputation.
5. Legal Options When Responding to an Order
With your solicitor, you may choose to:
- Accept Without Admission
- Agree to the order without admitting the allegations.
- Avoids a lengthy hearing but still enforces restrictions.
- Contest the Order
- Challenge the allegations in court with evidence.
- The judge decides whether to dismiss, amend, or grant the order.
- Offer Undertakings
- Promise the court you will not engage in certain behaviours.
- Binding but not a criminal offence if breached, unlike the order.
6. Defending Against False Allegations
A solicitor helps challenge false claims by:
- Gathering witness statements.
- Using phone records, messages, or CCTV evidence.
- Demonstrating inconsistencies in the applicant’s case.
- Showing there is no ongoing risk.
7. The Court Hearing Process
At the hearing:
- Both parties present their evidence.
- Your solicitor cross-examines the applicant.
- The judge considers safety, credibility, and evidence before making a decision.
8. Consequences of Breaching an Order
- Breach is a criminal offence punishable by up to 5 years in prison.
- Police can arrest without a warrant.
- Even indirect contact (via family or social media) may count as a breach.
9. Long-Term Impact of an Order
A non-molestation order may:
- Affect child contact and custody arrangements.
- Impact housing rights if linked to an occupation order.
- Damage personal reputation and relationships.
10. Why Choosing the Right Solicitor Matters
Specialist defence solicitors:
- Understand family law and domestic abuse cases.
- Have experience handling false or exaggerated claims.
- Provide strong representation in both urgent and contested hearings.
Frequently Asked Questions
Q1. Will I get a criminal record from a non-molestation order?
No, the order itself is not a conviction. However, breaching it is a criminal offence.
Q2. Can a solicitor help remove a non-molestation order?
Yes, a solicitor can apply to discharge or vary the order if it was wrongly granted.
Q3. What if I ignore the order?
Ignoring it can lead to arrest and criminal prosecution.
Q4. Can I still see my children if I have an order against me?
Possibly, but the court may restrict or supervise contact. You may need a separate child arrangements order.
Q5. How long does the order last?
Most last 6–12 months, but they can be extended.
Q6. Can legal aid cover defence against a non-molestation order?
Legal aid is more limited for respondents, but solicitors may offer fixed fees or payment plans.
Conclusion
If you are facing allegations and need a non-molestation order defence solicitor UK, acting quickly is crucial. A solicitor can help you understand your options, build a strong defence, and protect your rights in court. With proper representation, you can contest false claims and minimise the impact of the order on your life.