Non-Molestation Orders are injunctions which have a power of arrest, that means you can be arrested by the police if you breach them. If you breach a Non-Molestation order you can be imprisonned for up to 5 years, fined or both. They are not convictions, they don't state that you are guilty of the offences listed, but they are very often used to suggest that you have been guilty of these offences.
A Non-Molestation order is defined under the Family Law Act 1996 as having one or both of the following provisions:
(a)provision prohibiting a person ( “the respondent”) from molesting another person who is associated with the respondent;
(b)provision prohibiting the respondent from molesting a relevant child.
In order to be subject to a Non-Molestation order you need to have been associated with that person, e.g. married, agreed to get married, in a civil partnership, co-habited together, they are related, they had an intimate relationship, they had a child together or both had parental responsibility for that child or they are both parties to the same family proceedings.
Templates for Non-Molestation and Occupation orders can be found here and will give you an idea of what they can be used for.
Orders are very often obtained ex-parte to prevent you mounting a defence. You cannot refuse to accept one of these orders when you are presented with it and you must obey the restrictions unless and until you contest it in court or it expires.
In October 2014 Sir James Munby the President of the Family Division issued Practice Guidance on the duration of ex-parte (without notice) orders. This states that:
- Ex-parte orders must have a fixed end date and time, clearly specified on the face of the order.
- This should be no more than 14 days after the order is made.
- The order must give a date and time for a return hearing, usually the same as the expirty date/time.
- The order must have a statement of the right to apply to set aside or vary the order under rule 18.11 of the family procedure rules.
- If the respondent does apply to vary or set aside the order the court must set a date for a hearing as a matter of urgency, within a few days at most.
If the respondent wishes to attend on the return date to contest the order they should write to the court to let them know, otherwise the person who applied for the order may write suggesting the court cancel the hearing. These conditions were set out in the judgement of Mr. Justice Mostyn here http://www.familylawweek.co.uk/site.aspx?i=ed129018
Normally this is the first salvo in a child contact battle. The person who is on the receiving end should also consider making an application for a Child Arrangements Order at the same time as contesting the Non-Molestation. You can ask the court for an extension of time if you need a few extra days to get the application in and your case together.
Non-Molestation orders are part of the Family Law Act 1996 part IV http://www.legislation.gov.uk/ukpga/1996/27/part/IV
Section 45 of this act deals with ex-parte (without notice) orders and sub-section (3) states:
"(3)If the court makes an order by virtue of subsection (1) it must afford the respondent an opportunity to make representations relating to the order as soon as just and convenient at a full hearing."
The timing of the return hearing must be such that you can have a fair hearing and it's reasonably convenient to you to get to the hearing. There are few excuses for non-attendance at a hearing, but if you are not given sufficient notice to arrange emergency leave from work, or you had a hospital appointment that could not be re-arranged this may be justification and you should contact the court as soon as practicable.
Any evidence which was used in support of the ex-parte application should have been sworn by the applicant, otherwise this can be contested.