Understanding Non-Molestation Orders
A Non-Molestation Order is a legal order made by a Family Court judge to protect people from domestic abuse. This order can include rules such as:
- Stopping someone from being violent or threatening violence.
- Stopping someone from intimidating, harassing, or bothering another person.
- Banning all communication, including phone calls, texts, emails, and social media.
- Preventing someone from damaging property or threatening to do so.
- Restricting someone from entering or coming close to a home.
- Keeping someone away from schools or nurseries where children go.
The order can also stop the person from asking others to do these things for them, ensuring children in the family are protected too.
Issuance Without Prior Notice
Sometimes, judges issue Non-Molestation Orders without telling the person first. This is called a "without notice" order. It happens if there's a risk to the person asking for the order or if the person might try to avoid it. The court checks these requests carefully and schedules a quick hearing so the person can share their side.
Personal Service of the Order
When someone receives a Non-Molestation Order in person, it means they are fully aware of it. A process server usually delivers it, and a statement confirming the delivery is sent to the court and police. Ignoring the order is a criminal offence, so it's important to follow it strictly.
Responding to a Non-Molestation Order
If you get a Non-Molestation Order, you need to read and understand it carefully. Breaking the rules of the order is a criminal act. Get legal advice quickly to handle the situation. You must attend the "return date" hearing; missing it can result in the court making decisions without you.
Complying with the Order
You must follow the Non-Molestation Order. Even if you want to challenge it, you need to obey it to avoid criminal charges and show respect for the court. Legal advisors can help you contest the order while making sure you comply with it.
Court Procedures and Final Hearings
At the return date or other hearings, the court looks at whether the order is needed based on the Family Law Act 1996. They consider the health, safety, and well-being of the person who asked for the order and any children involved. If you contest the order, a final hearing will include evidence and witness testimonies, with both sides being questioned.
Missed Hearings and Modifications
If you miss the return date, you can still ask to change or cancel the order later, if you have a good reason. Legal help can assist in rescheduling or challenging the order based on your situation.