The Non-Mol Maze Explained
The law can be confusing and we at MJP Law understand the importance of our clients understanding the processes, so that their experience can be less stressful.
Some may confuse a Non-Molestation Order with a Restraining Order due to the similar nature of their prohibitions. Whilst they may appear the same, the main difference is the length of time which they can be enforceable. A Restraining Order is typically longer and can sometimes be indefinite; the Family Court, however, cannot grant one as they are obtained in Magistrates or Crown Court. A Non-Molestation Order can be obtained in Family Court and can last up to six months.
A Non-Molestation Order is an order which comes with a power of arrest, meaning should the person breach the order, it is an arrestable offence. The terms of a Non-Molestation Order are typically to not harass, molest, intimidate, or otherwise cause distress to another. It can also specify that the other party may not come within a certain distance of yourself or your home.
When you apply for an emergency Non-Molestation order, the application will be put in front of a Judge.
Step One – Granted Ex Parte
Your order can, in the first instance, be granted ex-parte. This means that the Judge has reviewed your application and the evidence provided and has decided to make the Order until the Return Date Hearing (explained in step two). Your order will only be legally enforceable until it has been served upon the other party. There must also be proof that the other party has been adequately served. This is not to be served by yourself. Your solicitor can arrange for this to be served by Process Servers, who will provide the proof to your solicitor that can then be forwarded to the Courts. It is important that if an order is granted ex-parte, you do your best not to inform other parties of this until it has been served to prevent avoidance of the opposition.
Step Two – Return Hearing
If your order has not been granted ex-parte, you will, in the first instance, be provided with a hearing date. This means the order has not been granted, and the Judge requires more evidence in order to make a decision. This hearing will involve both parties and both will be given the opportunity to explain their position. It is at this hearing that the Judge will decide whether to grant the order or not. If your order has been granted ex-parte, this will be referred to as a Return Hearing. Both parties will be required to attend, and it is at this hearing that the Judge will decide, upon hearing both parties’ positions, whether to continue the order and if so, for how long.
It is also at this hearing that the other party can decide if they wish to accept the order or contest it. Should they wish to contest, you will need to attend a Final Contested Hearing.
Step Three – Final Contested Hearing
At a final contested hearing, the other party can provide evidence to support their position that a Non-Molestation Order is not required. Your solicitor will also provide evidence to maintain the position that a Non-Molestation order is necessary for your protection.
In some cases at a return hearing or a contested hearing, you may hear something referred to as “an Undertaking”. An undertaking has the same prohibitions as a Non-Molestation order; however, it does not come with a power of arrest and is simply a solemn promise to the Court that one will not harass, molest, intimidate, or otherwise cause distress to another.
Should you wish to explore the option of a Non-Molestation Order, please contact our Family Law department and we will do our best to assist you.
