Question: Do I Need A Solicitor To Apply For A Non Molestation Order?

Do I have to attend court for a non molestation order?

In order to have a non-molestation order made against your abuser, you must apply to the Court with a sworn Statement to support your allegation of domestic violence.

Your partner or former partner will be notified of the application and you both need to attend a Court hearing..

What is the difference between a restraining order and a non molestation order?

You are usually able to apply for a Non-Molestation Order if you are a victim of domestic abuse and the person you want to be protected from is a “connected person”. … Restraining Orders are different to Non-Molestation Orders, they are most commonly used when there have been criminal proceedings against a person.

How long does it take to get a restraining order against someone?

If the judge grants a hearing date to discuss the need for a Permanent Domestic Violence or Elder or Dependent Adult Abuse Restraining Order, it will be scheduled 21 to 25 days from the date you filed your paperwork.

Can I fight a non molestation order?

You can challenge a non-molestation order/application made against you if you believe that the non-molestation order or application against you is baseless and not corroborated by any evidence.

How much does it cost to get a restraining order UK?

The Judge will hear the application and decide whether or not it is suitable to issue an injunction. At the first hearing the Judge will (more than likely) issue an interim order, followed by a further hearing to issue the injunction. The average cost of obtaining an injunction is approximately £500.

Does a non molestation order show up on a CRB check?

If for some reason details of this order were on there, then there is a chance that it may appear on an enhanced DBS, if the police believe that it is relevant to the application for which the DBS is sought. … No, as in the courts do not ordinarily just contact the police and advise them that a NM order has been issued.

When can you apply for a non molestation order?

You can apply for a non-molestation or occupation order if you are associated to your abuser. You are associated to your abuser if you and your abuser: are or were ever married or engaged to be married. are or were ever in a civil partnership or had agreed to form a civil partnership.

For some cases you can get legal aid regardless of your financial means. Non means tested legal aid is available if your child is subject of care or supervision proceedings . You may qualify for legal aid for some injunctions, such as a non-molestation order, but you might be required to make a contribution.

Can I apply for a non molestation order myself?

Getting legal advice Although you can apply for an injunction yourself, you might find it helpful to have legal advice. It is best to get a solicitor who has a lot of experience with domestic abuse cases, and who is likely to understand all the issues.

How much does it cost to get a non molestation order?

How much will it cost? A Non-Molestation Order has no court fee, so it is free to apply.

What evidence do you need to get a non molestation order?

In order to progress with an application for Legal Aid you will need evidence of your financial circumstances including bank statements and wage slips/evidence of benefits. Your solicitor will advise you specifically about this according to your circumstances.

How does a non molestation order work?

Non Molestation Orders — this type of order will prevent the abuser from harassing, intimidating or pestering the victim or any children who live with the victim. … An occupation order can order an abuser to move out of the home or to keep a certain distance from the home.

What happens if a non molestation order is breached?

If a person breaches a non-molestation order, it is both civil contempt (leading to a possible fine or imprisonment) and a criminal offence. They can be immediately arrested and face up to five years in prison. … A non-molestation order can be applied for without notice and on an urgent basis.