Firstly, If you are served with a non-molestation order, it is essential to take the matter seriously and you comply with the terms and conditions outlined in the order. Please do not react; contact the person who has obtained the order, either directly or indirectly and remain calm. Your actions from the point of service will be used against you should you breach the order.
STEP BY STEP GUIDE
- Read the Order Carefully: Carefully read the non-molestation order to understand its terms and conditions. Make sure you fully comprehend what actions are prohibited and any other specific requirements or restrictions. You need to determine if the Order has already been made in your absence or if the application has been made and you are simply being put on notice that you must attend a hearing. Either way do not contact the person that has made the application – even if no order has in fact been made!!!Comply with the Order: It is crucial to comply with all the provisions of the order immediately. This includes refraining from any contact with the applicant and adhering to any specified distance restrictions or other requirements.
- Document Everything: Keep records of any communication or interactions you have or even have had with the applicant, as well as any evidence that can help support your case. This may include text messages, emails, voicemails, or any other relevant documentation.
- Attend Court Hearings: If there are scheduled court hearings related to the non-molestation order, make sure to attend them as required. Failure to appear in court can have negative consequences and orders can be made in your absence. Even if you attend to ask for an adjournment due to not having time to respond you must attend.
- Obey the Order’s Duration: The order will specify its duration, which can vary from several weeks to a year. Ensure that you continue to comply with the order until it expires or until you have confirmation via a further court order that it has been discharged or dismissed.
- Avoid Any Retaliation: Even if you disagree with the order, it’s essential to avoid any actions that could be perceived as retaliatory or that may violate the order. Violating the order can lead to legal consequences.
Prepare for the court hearing or apply to discharge the order: If the order has been made in your absence and without a return hearing you can apply to the court to discharge the order and you will need to provide a statement and evidence to support this and show that the Order is not needed or required. If you have a return hearing and sufficient time then a statement in response to the application and evidence can be filed. Unfortunately these cases can continue for a long period of time with fact finding hearings listed to determine the allegations and can also impact heavily on any ongoing or future Children Act proceedings.
All of this can be very daunting and emotional. You may want to seek legal advice and instruct a solicitor or you may not be in a financial position to do so. If this is the case and you are facing this alone then contact us at Family Law Paralegal Services and we can support and assist you throughout your case. We can help you feel that your voice is being heard!
Remember that violating a non-molestation order can result in legal penalties, such as fines or imprisonment, depending on the laws of your jurisdiction.