Contesting A Non Molestation Order
A non-molestation order is a protective injunction issued by the family court to safeguard an individual
Contesting A Non Molestation Order
A non-molestation order is a protective injunction issued by the family court to safeguard an individual and, where relevant, their children from harm caused by a current or former partner, or another legally recognised associated person.
Harm is not limited to physical violence. It also covers behaviours such as harassment,
intimidation, emotional or psychological abuse, threats of violence, coercive or controlling
conduct, and financial abuse.
Non-molestation orders are not restricted to married couples. They can be made against a wide
range of individuals with whom the applicant has a personal relationship, known in law as
associated persons.
Who Can a Non-Molestation Order Be Made Against?
A non-molestation order can be issued against:
- a spouse or former spouse
- a civil partner or former civil partner
- a fiancé(e) or ex-fiancé(e)
- a family member
- someone you currently live with or previously lived with
- the parent of your child
These orders carry serious legal consequences. Any breach of a non-molestation order is a
criminal offence and may result in arrest. Depending on the severity of the breach, penalties
can include imprisonment of up to five years. Once an order is in place, it provides strong legal
protection and reassurance to the protected person.
Contesting a Non-Molestation Order
In some cases, individuals may be wrongly accused, and a non-molestation order may be
granted based on inaccurate statements or false allegations. If this happens, you are legally
entitled to challenge the order and the claims made against you.
Where there is insufficient evidence to justify the order, there are two main ways to contest it.
You may choose not to oppose the order while also refusing to give an undertaking, making it
clear that you do not accept the allegations. Alternatively, you may actively oppose the order
and seek to demonstrate that the applicant’s allegations are unfounded
Evidence and Legal Requirements
If you decide to formally oppose a non-molestation order, careful consideration must be given to
the evidence presented. This may include documentary evidence such as police reports or
medical records, as well as witness statements.
The court will assess the case on the balance of probabilities, meaning it will decide whether
the allegations are more likely than not to be true. Where evidence is limited or weak,
successfully rebutting the claims can be challenging.
It is important to remember that while the order is being contested, it remains legally
enforceable. All conditions of the order must be strictly followed until the court reaches a final
decision, regardless of whether you believe the order is justified.