You can challenge a non-molestation order/application made against you if you believe that the application is baseless and not corroborated by any evidence. You can challenge a non-molestation order/application made against you if you think that the non-molestation order or application against you is baseless and not corroborated by any evidence. Our highly skilled divorce and family law solicitors can help you dispute a non-molestation order.
- Page Contents
- Responding to a Non-Molestation Order/Application
- Return Hearing
- Options Upon Receiving Ex parte Non-Molestation Order
- Steps to be Taken after Receiving an Ex parte Non-Molestation Order
- How Can We Help?
- How Much Do We Charge?
- Frequently Asked Questions (FAQs)
Responding to a Non-Molestation Order/Application
Responding to non-molestation orders or applications requires some careful thought and consideration. It is all too easy for people to become caught up in the case due to the emotional attachment between the parties. Many respondents feel aggrieved when they see that a person (typically an ex-partner) has sought to obtain a court order against them on the basis of what they claim are vicious lies. With that, many people opt to fight against an order simply because they do not want the applicant to ‘win’, or for their own name to be blackened. However, a respondent should always consider what challenging the order is actually going to achieve.
Return Hearing After The Ex-Parte Non-Molestation Order
Within 14 days of the ex-parte non-molestation order being made against a person, the court will list the matter for hearing, providing the respondent with an opportunity to respond to the ex-parte non-molestation order.
What Options are Available to the Respondent After an ex parte Non-Molestation Order?
The Respondent can either:
- Oppose the order and succeed in proving the applicant wrong; or
- He/she can opt not to oppose the order or agree to give an undertaking (which is a promise to the court not to do things) on the basis that he/she does not accept the allegations that have been made against him/her.
What Steps Should be taken by the Respondent Upon Receipt of an ex parte non-molestation Order?
The steps that the Respondent should take upon receipt of the ex parte non-molestation order (without notice non-molestation order) may include the following:
Getting Early Legal Advice
The respondent must obtain early legal advice. Many respondents will tend to attend the hearing, only to request an adjournment to seek legal advice and representation from a family law solicitor. At that point, the case will typically have a minimum of three hearings before any real progress is made. Due to legal aid no longer being available to respondents in non-molestation order proceedings, it is a worthwhile investment to obtain legal advice from a specialist divorce and family law solicitor, even if that is limited to a conference to determine the approach to take at a forthcoming hearing.
Our family law solicitors can offer invaluable guidance to respondents to non-molestation orders on how to respond to a non-molestation order or application. As a result, the respondent will gain a solid understanding of the law, as well as insight into the particular practices of that court.
Gathering Your Evidence
If the respondent wants to contest or oppose the domestic violence allegation made in the application or ex-parte non-molestation order, he/she should gather their evidence for rebuttal of the allegation of domestic violence. The respondent should give careful consideration to the evidence that he/she need to help support their case. Typically, the applicant will provide their statement and may also have witnesses, as well as medical and police evidence. It is therefore essential to examine what the respondent has to offer in rebuttal to the applicant's allegations. The family court approaches these cases on the understanding that it is for the applicant to prove his/her case on the balance of probabilities (i.e. 51%) – if you are unable to get any independent evidence to support your case, it is likely that this will make it all the more difficult to oppose the non-molestation order application successfully.
If the respondent intends to oppose or contest the non-molestation order or application, our family law solicitors will be able to advise the respondent on the relevant evidence which should be put together in order to rebut the allegations of domestic violence made by the applicant. Our family law solicitors will also advise on all the relevant court procedures and any precautionary measures which the respondent should take.
Adhering to the Terms of the Order
The respondent should remember to adhere to the terms of the non-molestation order made against them. Before the family court hears your initial position and possibly even after the initial position if the case is being listed to entertain a fully contested hearing, then the order will usually remain in place. This will specify terms, typically that you must not contact the applicant/attend at his/her house, etc. It is vital that these terms are adhered to for the life of the order, firstly because it will make an incredibly poor impression on the court if not, but also because breach of an order is a criminal offence and one could therefore find himself/herself arrested/with a conviction simply for ignoring the order. Courts take these matters very seriously, and irrespective of whether the order is justified, while it exists, it must be adhered to.
How Can We Help?
Our specialist team of divorce and family law solicitors can provide expert legal advice and representation for contesting a non-molestation order or application. The work to be carried out by our divorce and family law solicitors concerning your application to challenge a non-molestation order may entail the following:
- Taking detailed information from you relating to allegations of domestic violence and discussing the same with you in detail to understand your version of the story;
- Advising you on the relevant documentary evidence which you may be able to provide for the rebuttal of the allegations of domestic violence;
- assessing the relevant documents to be submitted in support of the rebuttal of allegations of domestic violence;
- providing you with legal advice on the weaknesses and strengths of your matter and advising you on how to best proceed with the case in your given circumstances;
- advising you on the court procedures to be followed in relation to court proceedings for disputing a non-molestation order;
- advising you on the possibility of making a cross-application against the petitioner on the basis of any incidents of domestic violence which you, as a respondent, suffered at the hands of the petitioner;
- advising you on giving an undertaking to the court to dispose of the proceedings at the return hearing date and discussing with you the possibility of the undertaking being accepted by the petitioner and the family court;
- advising you on the implications of giving an undertaking and breaching the undertaking;
- advising you on the consequences of a non-molestation order and breaching the non-molestation order;
- preparing your position statement and submitting the same to the family court along with appropriate evidence;
- complying with all the court directions as set out in the court order;
- representing you in your family court hearing and proceeding with the matter as per the agreed plan of action agreed in advance.
How Much Do We Charge?
Our fixed fees for non-molestation order and/or occupation order are as given in the fee table below:
| Matter Type | Fixed Fee Range |
|
Application for a non-molestation order and/or occupation order made with notice to the Respondent (all the work until the First Hearing, including representations to the court on the hearing date) |
From £1,500 + VAT to £2,000 + VAT |
| Application for a non-molestation order and/or occupation order made without notice to the Respondent (all the work until the Return Date Hearing, including representations to the court on the hearing date) | From £1000 + VAT £2000 + VAT |
| From Return Date / First Hearing to the Final Hearing, including any fact-finding hearing(s) | From £3,000 + VAT £6,000 + VAT |
- We will provide a fixed fee for your matter once we have fully assessed it and considered all relevant factors.
- Our fixed fees do not cover any third-party fees, including court fees, Barrister's fees and any other fees payable to third parties.
- If you do not want to instruct us on a fixed fee basis, we can also act for you on an hourly rate basis with an hourly rate from £200 + VAT per hour, depending on the complexity of the matter.
FAQs - Challenging Non-Molestation Order
The following are various frequently asked questions about challenging 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.
The person who the non-molestation is against (Resondent) cannot have it cancelled or removed. Only the person in whose favour the order was made (Applicant) can ask the court to remove or cancel it by writing to the court and explaining what the situation was and what it is now,why you would like the non-molestation order to be removed and what the benefit would be if it was removed.
A respondent can make an application to discharge the non-molestation order, this is a way of trying to have it removed. The application is made under Section 49 (1) of the Family Law Act 1996 using application form FL403.
Section 49 of the Act provides as follows:
"49Variation and discharge of orders.
(1)An occupation order or non-molestation order may be varied or discharged by the court on an application by—
(a)the respondent, or
(b)the person on whose application the order was made.
(2)In the case of a non-molestation order made by virtue of section 42(2)(b), the order may be varied or discharged by the court even though no such application has been made."
There is no court fee to contest the non-molestation order. The overall fee charged by the solicitors for contesting a non-molestation order is dependent on when the proceedings to challenge the non-molestation order conclude.
You can schedule an appointment for detailed advice and consultation to challenge a non-molestation order for just £100 (VAT included) during our office hours.
Our fixed-fee non-molestation solicitors in London can act for various stages of contesting a non-molestation order or application on a fixed-fee basis. The fixed fee will depend on the volume of work involved in the case and the complexity of the matter. Please be advised that our fixed fees do not cover the Barrister's fees. Click Here to check our fixed fees for challenging a non-molestation order/application.
If you instruct us on an hourly rate basis, our hourly rate for providing legal help and assistance with contesting a non-molestation order will be £200 + VAT per hour.
You can apply to change or set aside a non-molestation order by filing an application to the family court using the application form FL403. Our specialist team of non-molestation solicitors can provide the required legal help and support for changing or setting aside a non-molestation order.
Yes, you can apply for a cross-application for a non-molestation order after receiving an ex parte (without notice) non-molestation order against you. Such an application should ideally be made before the first hearing date.
As a result of cross application by the Respondent against the petitioner, both parties may give an undertaking not to harm or harass each other by providing an undertaking or promise to the court. Such an undertaking or promise by each party is referred to as a cross-undertaking.
