1. Understanding a Non-Molestation Order
A non-molestation order is a family court injunction that prevents someone from harassing, threatening, or abusing another person. If you are served with one, it means allegations have been made against you, and the court has acted to protect the applicant.
2. Immediate Actions to Take
If you are served with a non-molestation order:
- Read the paperwork carefully to understand restrictions.
- Comply immediately with the order—breaching it is a criminal offence.
- Note the hearing date and prepare your response.
3. Why You May Have Been Served
These orders are typically granted when:
- A partner or ex-partner claims you have harassed or threatened them.
- A family member alleges intimidation.
- The court believes temporary protection is needed.
4. What the Order Can Prevent You From Doing
- Contacting the applicant directly or indirectly.
- Approaching their home, workplace, or children’s school.
- Using threatening, abusive, or intimidating behaviour.
5. Your Legal Options
You have three main options:
- Accept the Order Without Admission
- You do not admit the allegations but agree to the restrictions.
- Avoids a contested hearing.
- Contest the Order
- You dispute the allegations.
- Evidence is presented in court, and a judge decides the outcome.
- Offer Undertakings
- You promise the court not to engage in certain behaviours.
- Similar to an order but not a criminal offence if breached.
6. How to Contest a Non-Molestation Order
If you decide to challenge the order:
- File a written response before the deadline.
- Gather evidence (texts, emails, witness statements) that dispute the claims.
- Attend the court hearing and present your defence.
- A solicitor can help strengthen your case.
7. The Court Hearing Process
- Both parties present evidence.
- The applicant’s solicitor may cross-examine you.
- The judge considers the risk to the applicant and any children.
- The order may be granted, varied, or dismissed.
8. Consequences of Breaching the Order
- Breach is a criminal offence punishable by up to 5 years in prison.
- Police can arrest without a warrant.
- Even indirect contact (through friends or social media) can count as a breach.
9. Importance of Legal Representation
A family law solicitor can:
- Explain your options and likely outcomes.
- Help contest false or exaggerated allegations.
- Represent you in court to protect your rights.
- Advise on related child custody or housing matters.
10. Long-Term Impact of an Order
A non-molestation order may:
- Affect child custody or contact arrangements.
- Impact your ability to live in the family home (if linked with an occupation order).
- Damage personal and professional reputation.
Frequently Asked Questions
Q1. Can I ignore a non-molestation order?
No. Ignoring it can lead to arrest and criminal charges.
Q2. Will I get a criminal record from the order?
The order itself is not a conviction, but breaching it is a criminal offence.
Q3. Can I still see my children?
Possibly, but the court may restrict or supervise contact. You may need a child arrangements order.
Q4. How long does a non-molestation order last?
Usually 6–12 months, but it can be extended.
Q5. What if the allegations are false?
You can contest the order in court with evidence.
Q6. Can legal aid help me defend against an order?
Legal aid is limited for respondents, but solicitors may offer fixed-fee arrangements.
Conclusion
If you are wondering what to do if served with non-molestation order, the most important step is to act quickly and responsibly. Read the order, comply with its terms, and decide whether to accept, contest, or offer undertakings. With the right legal advice and evidence, you can protect your rights while avoiding serious consequences.