How is a non-molestation order delivered?
For non-molestation orders, a process server must directly deliver the documents. They shouldn’t post them through a letterbox, or they’ll risk the respondent claiming that they haven’t seen them. Professional process servers offer face-to-face delivery, making sure that the documents have been seen and acknowledged.
How long does it take to get a non-molestation?
In most cases, the court will impose the order for a specific period, usually between 6-12 months, however, in some rare circumstances, it can make it for an indefinite period. Our Family Law experts can help you to apply for a Non-Molestation Order.
How long does it take to get a non-molestation order uk?
Obtaining a non-molestation or occupation order If they admit the allegations against them (or fail to attend) then the appropriate Injunction Order is made, usually lasting six or 12 months – but this can be longer or ‘until further notice’ in some cases.
What is form FL401?
Details. You can use the FL401 form to apply for: a non-molestation order, which protects you and any relevant child from abuse or harassment. This order can also prevent someone coming to or near your home. an occupation order, where the court decides who should live in, or return to, the home or any part of it.
How serious is a non-molestation order?
A non-molestation order is very powerful. If it is breached then it is an arrestable offence. The offender is likely to be arrested by the police and could be subject to imprisonment for a period of up to five years.
Can you get a non-molestation order without evidence?
Non-Molestation Orders are only intended to protect victims of domestic violence, whether it be from physical abuse, emotional abuse, psychological abuse, financial abuse, sexual abuse, or coercive control. The courts always require evidence before they will make a Non-Molestation Order.
Can I see my children if I have a non-molestation order?
Non-molestation orders often include provisions that mean you cannot have any contact with the person who has obtained the order, or come within a certain number of metres that person or their home. However, a non-molestation order will not automatically prevent your ex from seeing your children.
Can a non-molestation order be rejected?
Sometimes the non-molestation order can be dismissed at the initial return hearing without the necessity for undertakings if it is agreed or the court believes it is not necessary. If the respondent decides not to contest the order, it remains in force for a particular period of time.
How long does it take to get an emergency occupation order?
How long does it take to get an occupation order? An application for an occupation order can be made in 24 hours in an emergency.
What is the punishment for breaking a non-molestation order?
Breaching a non-molestation order is a criminal offence that can be taken to the criminal court. The criminal courts have a range of sentencing options available to them. The maximum sentence is 5 years imprisonment and a fine.
Can I have access to my children with a non-molestation order?
If you have taken out a non-molestation order against your ex, they may still be allowed to see the children. It depends on the provisions in the order and whether any other court orders have been put in place. Having a non-molestation order in place doesn’t automatically mean they can’t see the children.
How much is a non-molestation order cost?
There is no court fee for a non molestation order / occupation order, however you may be required to pay a fee for the summons to be served. The forms required to lodge this application are available here.