I have been served with a Non-Molestation Order – What do I do?

As a firm passionate about helping individuals in difficult situations and ensuring they know what assistance they can seek from the Court by applying for a protective Order, we at Andrew Isaacs also wish to ensure that people know what their options are in the event that an Order is made against them.

We understand that it can be very daunting and frightening to receive formal documents from the Court, so here at Andrew Isaacs Law we want to make sure that people understand all options available to them whether applying for or defending an Order.

What is a Non-Molestation Order?

A Non-Molestation Order is an Order made under the Family Law Act 1996 and is used to prevent an individual taking certain acts against another. Whilst this is similar to a ‘Restraining Order’ which most people have heard of, a Non-Molestation Order is only used against a current or past partner, or a relative.

The Order could be to stop someone from entering a property, contacting someone or using violence towards them. This list is not exhaustive. The Order can be made for any length of time the Court feel is appropriate and the police are able to take action should any term of the Non-Molestation Order be broken, known as “breached”.

Does the Order mean that I have a criminal record?

A Non-Molestation Order can be made “without notice” meaning that you have not been told about the application before the Court decided to make the Order. The Court would usually do this where they believe what the person applying for the Order (the Applicant) has stated means they require urgent protection against their relative or ex-partner. This means that the Order made against you had been made without the Court deciding whether you have actually done anything that the Applicant has stated. The Order therefore doesn’t mean you have a criminal record, but depending on the circumstances there may also be ongoing police involvement and possible criminal proceedings. It is, however, important to understand that breaching a Non-Molestation Order is a criminal offence.

It is important to read the document through carefully to ensure that you do not do anything that the Order prevents you from doing to avoid breaching the Order and being arrested. As legal documents can be confusing, it is essential to obtain legal advice at the earliest opportunity to know where you stand.

What are my options?

Whether you have been served with a Non-Molestation Order that the Court have made without your prior knowledge, or you have received an application for a Non-Molestation Order and the Court have set a hearing date to consider making one, you will need to know what to do next.

The person making such an application will be make allegations to the Court about your behaviour and clearly this varies case by case. As with any family matter, if you choose not to engage with the Court proceedings, the Court can make Orders in your absence. Accordingly you will need to decide if you are willing to simply accept that you would never do what has been alleged and allow the Order to be made; or give an undertaking (make a formal promise to the Court) that you will not do these things instead of an Order being made, or fight the application.

We would suggest booking an appointment with one of our solicitors for specialist and personalised advice on how best to deal with your matter, where options can be discussed in your circumstances.

What do the Court consider when making a Non-Molestation Order?

The Court will wish to ensure that the individual parties and/or child are safe and protected. Whether the Order is being made with or without notice to you, the Court will need to consider the position of both yourself and the Applicant, and what might happen if an Order is made, and if it is not. Again, this depends on the extent of any allegations made against you and can vary the advice given to you on defending the case.

How can we help?

Here at Andrew Isaacs, we can discuss your circumstances and what options are available to you if you have received an application for an Order from your ex-partner or family member, or you may have been personally handed paperwork “serving” you with a Non-Molestation Order. There are a number of circumstances that make each matter unique and specific advice would be required. Contact us today to book in for your consultation where we can assist you because we know your family matters.

Article Dated 04/09/2024