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.

We can help you dispute a non-molestation order. call us or book an appointment for detailed legal advice. 

Responding To A Non-Molestation Order/Application

Responding to a non-molestation order or application requires some careful thought and consideration.

It is all too easy for people to get caught up in the case because of the emotional attachment between the parties. Many respondents feel aggrieved when they see that a person (typically an ex-partner) has sought to take out a court order against them on the basis of what they say are vicious lies.

With that, many people opt to fight against an order simply because they do not want the applicant to ‘win’, or for their own name to be blackened.

However, a respondent should always consider what challenging the order is actually going to gain. 

Return Hearing After The Ex-Parte Non-Molestation Order

Within 14 days of the ex parte non-molestation order being made against a person, the court would list the matter for hearing whereby the Respondent would get an opportunity to respond to the ex parte non-molestation order.

What Options Are Available To The Respondent After Ex-Parte Non-Molestation Order?

The Respondent can either:

• oppose the order and succeed in proving the applicant wrong; or
• he/she can opt not to oppose the order or agree to give undertaking (which is a promise to the court not to do things) on the basis that he/she does not accept the allegations that have been made against him/her.

What Steps Should Be Taken By Respondent Upon Receipt Of An Ex Parte Non-Molestation Order?

The steps that the Respondent should take upon receipt of the ex parte non-molestation order (without notice non-molestation order) may include the following:

Getting Early Legal Advice

It is very important for the respondent to get early legal advice.

Many respondents will attend the hearing, only to tell the Judge that they would like an adjournment to seek legal advice.

At that point, the case will end up having a minimum of three hearings before one can see any real progress being made.

Owing to legal aid no longer being available to respondents in non-molestation order proceedings, it is a worthwhile investment to obtain legal advice early.

I offer 15 minutes free but if you wish to have detailed legal advice concerning your matter, you can request an appointment for £120.

Gathering Your Evidence

If the respondent wants to contest or oppose the domestic violence allegation made in the application or ex parte non-molestation order, he/she should gather his evidence for rebuttal of the allegation of domestic violence. The respondent should give careful consideration to the evidence that he/she needs to help support his case.

Normally, the applicant will have his/her own statement and may also have witnesses, medical and police evidence. It is therefore important to see what the respondent does have to rebut the applicant’s allegations. The family court approaches these cases on the understanding that it is for the applicant to prove his/her case on the balance of probabilities (i.e. 51%) – if you are unable to get any independent evidence to support your case, it is likely that this will make it all the more difficult to successfully oppose the non-molestation order application.

If the respondent intends to oppose or contest the non-molestation order or application, our family law solicitors will be able to advise the respondent on the relevant evidence which should be put together in order to rebut the allegations of domestic violence made by the applicant. Our family law solicitors will also advise on all the relevant court procedures and any pre-cautionary measures which should be taken by the respondent.

Adhering To The Terms Of The Order

The respondent should remember to adhere to the terms of the non molestation order made against the respondent. Before the family court hears your initial position and possibly even after the initial position if the case is being listed to entertain a fully contested hearing, then the order will usually remain in place. This will specify terms, typically that you must not contact the applicant/attend at his/her house etc. It is vital that these terms are adhered to for the life of the order, firstly because it will make an incredibly poor impression on the court if not, but also because breach of an order is a criminal offence and one could therefore find himself/herself arrested/with a conviction simply for ignoring the order. Courts take these matters very seriously and, irrespective of whether the order is justified, whilst it exists, it must be adhered to.

How Can We Help?

We can provide expert legal advice and representations for contesting non-molestation order or application. The work to be carried may entail the following:

• taking detailed information from you relating to allegations of domestic violence and discussing the same with you in detail to understand your version of the story;
• advising you on the relevant documentary evidence which you may be able to provide for the rebuttal of the allegations of domestic violence;
• assessing the relevant documents to be submitted in support of the rebuttal of allegations of domestic violence;
• providing you legal advice on the weaknesses and strengths of your matter and advising you how to best proceed with the case in your given circumstances;
• advising you on the court procedures to be followed in relation to court proceedings for disputing non-molestation order;
• advising you on the possibility of making a cross application against the petitioner on the basis of any incidents of domestic violence which you as a respondent suffered at the hands of the petitioner;
• advising you undertaking to the court to dispose of the proceedings at return hearing date and discussing with you the possibility of the undertaking being accepted by the petitioner and the family court;
• advising you on the implications of giving an undertaking and breaching the undertaking;
• advising you on the implications of non-molestation order and breaching the non-molestation order;
• preparing your position statement and submitting the same to the family court along with appropriate evidence;
• complying with all the court directions as set out in the court order;
• representing you in your family court hearing and proceeding with the matter as per agreed plan of action agreed in advance.

How Much We Charge?

Our Fixed Fees For Contesting A Non-Molestation Order Or Application

Our fixed fees for various stages of contesting a non-molestation order are given in the table below. The agreed fixed fee will be dependent on the volume of work involved in the case and the complexity of the matter. Please be advised that our fixed fees do not cover the Barrister’s fees.