It is the sad reality that we live in a world where incidents of domestic abuse are far to common place. Statistics show that domestic abuse will affect 1 in 4 women and 1 in 6 men in their lifetime. Notwithstanding those genuine cases, there are those who lie and fabricate incidents of abuse maliciously and obtain the protection of the Court when it is perhaps unjustified.
If you are a victim of abuse, there are various ways in which you can protect both yourself or a child from further threats of harm and / or physical violence. One of those ways is to apply to the Court for a Non-Molestation Order.
What is a Non-Molestation Order?
A non-molestation Order (or injunction as commonly known) are protective Orders that are made by the Court to eliminate the threat of abuse against a person or a child. The Court has the power to make Orders that restrict or prohibit someone from behaving in a certain way, by way of example, the Court could stop someone from sending abusive communications to another. It is common for such Orders to last a period of 12 months but the Court does have the power to make a Non-Molestation Order for a longer.
Who can apply for a non-molestation order?
You must be an ‘associated person’ in order to apply for a Non-Molestation Order under the Family Law Act 1996. In summary, those who can apply to the Court for a Non-Molestation Order under the Family Law Act are as follows:
- Someone who you have been in a relationship with
- A family member
- Someone who you have previously lived with
- Someone who you have a child with
So, what can you do if you have been served with a Non-Molestation Order?
Being served with a non-molestation Order be a former partner or a relative can be very distressing. You may read the documentation and wholly disagree with its contents. So, what can you do?
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- You can accept the Order – If you agree with the reasons as to why the Order has been made then you can simply ‘do nothing’ and accept the Order that has been made by the Court. Even if you do not agree with the reasons as to why the Order was made, you can still accept that an Order should remain, yet it could be stated clearly that you only accept for an Order to be made on a strictly no admissions basis. This in effect is you saying that although you do not accept the allegations that have been made against you, you do not wish to challenge the making of the Order. There are a number of reasons as to why you may adopt such an approach.
- You can defend the Order – Having been served with an Order and Application in support, you may mistake your former partner to be JK Rowling, as the allegations that have been relied upon may be nothing but fiction. In those circumstances, you may wish to defend the Order. By seeking to defend the Order, you are in essence that you do not accept the allegations that have been raised and you do not accept that it is necessary for a Non-Molestation Order to be made. In circumstances, where you would wish to challenge or defend the making of a Non-Molestation Order, you will be given the opportunity to collate and file your evidence in response, following which the matter will be listed for a Court hearing where ultimately the Judge will decide as to whether a Non-Molestation Order is necessary.
- You can offer an Undertaking in exchange for the making of a Non-Molestation Order – An Undertaking is a solemn promise that you can give to the Court in respect of your future behaviour. If the Court were willing to accept an Undertaking from you, then you could promise to the Court that you would not do certain things. An Undertaking is offered in exchange for an Order and therefore no Order is made. If you offer an Undertaking in exchange for a Non-Molestation Order and you are found in breach of that Undertaking, then you may be found in contempt of Court.
If you have been a victim of domestic abuse or have been served with a non-molestation order then it is in your interests to seek specialist legal advice.