How do I fight a Non-Molestation Order

How do I fight a Non-Molestation Order

The first you are likely to know about a Non-Molestation Order is when it is served upon you, and you are then bound by its restrictions. One of the features of this type of restraining Order is that the person making the application is able to have the first hearing (Their application) heard in private without your knowledge.

Nevertheless, there is an opportunity for you to put your side of the story across to the court and either have the order removed entirely, or altered to be less onerous, or upheld. The order should contain a date for a second hearing giving you that opportunity to make your case, usually within a few days to two weeks.

If you don’t accept that order being made, it is important that you attend court to put your side of the story across.

At that hearing, the judge will give you an opportunity to explain your version of events and then progress the hearing to resolve issues such as child contact time. The Judge will know that the order was made having heard one side of the story only, and that sometimes people do lie in court or exaggerate the truth.

It is important that at the very least you take advice on what options are available to you and what your next steps should be. There are essentially two outcomes to this hearing, and getting the right advice and making the right approach is essential, not only because of this application, but it will probably have an impact on all future hearings too.


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