The term molestation has a wide interpretation – it can include, but is not limited to, physical, emotional, financial and sexual abuse, and it can also cover coercive and controlling behaviour, intimidating behaviour and harassment. The abuse can be once or over a sustained period of time.07-Jun-2019
Is a non-molestation order serious?
A non-molestation order is very powerful. If it is breached then it is an arrestable offence. The offender is likely to be arrested by the police and could be subject to imprisonment for a period of up to five years.
Whats the difference between a non-molestation order and a restraining order?
Occupation orders primarily deal with who occupies the family home, whilst non-molestation orders prevent harassment and further abuse. Restraining orders are imposed on offenders to prevent them from further abusing or harassing victims.
Does a non-molestation order mean no contact?
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.
Do I have to attend court for a non-molestation order?
In order to have a non-molestation order made against your abuser, you must apply to the Court with a sworn Statement to support your allegation of domestic violence. Your partner or former partner will be notified of the application and you both need to attend a Court hearing.
Can I challenge 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. … A respondent can make an application to discharge the non-molestation order, this is a way of trying to have it removed.
How long is non-molestation order?
A non-molestation order is usually granted for six to 12 months, although in certain circumstances, it could be granted for a longer period. An order can also be extended. A non-molestation order does not need a power of arrest as it is a specific criminal offence to breach it.
Does a non-molestation order show on DBS?
A non-molestation order is not the same as a criminal conviction. The standard of proof is not as high as in criminal proceedings and it can be put in place by consent without any findings being made against the individual involved at all. It would not appear on a basic or standard DBS check.
How much does it cost for a non-molestation order?
How much will it cost? A Non-Molestation Order has no court fee, so it is free to apply to the court for one, however, if you use the services of a solicitor to apply, you will need to pay their fees.
What’s worse than a restraining order?
A criminal protective order protects a victim of a crime from further and future harm or harassment by an aggressor, usually the defendant in a criminal case. … A CPO supersedes any other type of civil restraining order issued by a family court judge or civil order.
Is a non molestation order civil or criminal?
Under new legislation, a breach of a non-molestation order is now a criminal offence; however, you should still be able to take your abuser back to the civil court for breaking the order, if you prefer this. … These powers come into effect if your abuser breaks the order (see below, Powers of arrest).
What happens at a non-molestation hearing?
What happens at a Non-Molestation Order hearing? The court hearing will be private, meaning only you, the applicant, and your respective legal representatives can attend. At the hearing, the judge will consider the applicant’s statement and evidence and your statement and evidence.
How do you defend a non-molestation order?
If you are wanting to challenge the non-molestation order against you, you will need to provide evidence to support your case. You will usually need to challenge the applicant’s witness statement and any other evidence they have such as reports from professionals such as medicals and the police.
Can you get legal aid to defend a non-molestation order?
Non means tested legal aid is available if your child is subject of care or supervision proceedings . You may qualify for legal aid for some injunctions, such as a non-molestation order, but you might be required to make a contribution.
What evidence do I need for an occupation order?
Evidence by you
You will need to make a sworn statement to the court about the physical and emotional abuse you have experienced physically and emotionally, including the dates and times and the effects on you and your children.
What can I do if someone is harassing me?
Start by telling the person that you don’t like the behavior and asking them to stop. If the harassment doesn’t let up, take measures such as involving the police and increasing your security. In some circumstances, you might need to file for a restraining order to keep your harasser away.
What does ex parte order mean?
In civil procedure, ex parte is used to refer to motions for orders that can be granted without waiting for a response from the other side. Generally, these are orders that are only in place until further hearings can be held, such as a temporary restraining order.
How do no contact orders work?
A no contact order usually instructs the defendant not to have any in-person contact with the alleged victim. The defendant is instructed to stay a minimum number of feet away from the victim’s place of residence, employment and known areas that he or she frequents.
How often are occupation orders granted?
Normally, an occupation order will only last for a short period of time, usually around 6 months. In certain circumstances, an occupation order can be renewed.
How is an injunction served?
In the case of civil injunction orders requiring a person not to do an act, the court may therefore dispense with the requirement of personal service of the order on the tenant or permit service through alternative means, such as by email or by posting it through the tenant’s door.
Is constantly texting someone harassment?
Is It Harassment to Text Someone Repeatedly? The short answer is yes. When you receive repeated text messages, it can count as harassment. … The first thing to do if you want someone to stop texting you is to tell them to stop.
What will the police do about harassment?