I've received a non-molestation order - what now?

Receiving a non-molestation order can be a distressing experience, especially if it comes as a surprise. These orders are designed to protect individuals from harm, harassment, or intimidation. If you’ve just been served with one, it’s crucial to act calmly and follow the correct steps.

What Is a Non-Molestation Order?

A non-molestation order is a legal injunction, typically issued by the Family Court, aimed at preventing certain behaviours. These may include contacting the applicant, visiting their home, or engaging in harassment. Breaching such an order is a criminal offence and can lead to severe consequences, including arrest.

What is an Ex-Parte Non-Molestation Order?

An ex-parte non-molestation order is granted without your prior knowledge or input. It can sometimes be called a "without notice" order. Courts make these orders in urgent situations where they believe immediate protection is necessary. This doesn’t mean the case is decided against you—it’s a temporary measure until a full hearing is held. They're quite common, and judges and magistrates who preside over future hearings won't assume any wrongoing.

What Should You Do Next?

  1. Read the Order Carefully: Understand what it prohibits. Ignorance is not a defence if you breach it.
  2. Seek Legal Advice Immediately: Contact a direct access barrister who can represent you and provide expert advice. They will help you prepare for the return hearing, where you can present your side of the story.
  3. Follow the Order Strictly: Even if you disagree with it, comply fully until the court says otherwise.
  4. Gather Evidence: Document anything that could support your case, such as messages, witness statements, or a timeline of events.
  5. Act quickly: The worst outcomes often happen when people bury their heads in the sand. Get good advice early, and give yourself peace of mind by understanding the process.

Get A Barrister Today

If you’ve been served with a non-molestation order, we’re here to help. Our experienced direct access barristers can provide immediate advice and represent you at every stage of the process and know what you need to do to have the best chance of winning. Contact us now to discuss your case and get the expert guidance you need to protect your rights.