What happens when an EPO expires?
What happens when an EPO expires?
Protection order: Once an EPO expires, a long-term protection order may be implemented. Generally speaking, such orders remain active for one to several years; however, in a particularly serious situation, the court may issue a lifetime order.
What does a non molestation order do?
A non-molestation order is aimed at preventing your partner or ex-partner from using or threatening violence against you or your child, or intimidating, harassing or pestering you, in order to ensure the health, safety and well-being of yourself and your children.
What evidence do I need for 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.
Does a non-molestation order mean no contact?
Non-molestation orders often include provisions that mean you cannot have any contact with the person who has obtained the order, or come within a certain number of metres that person or their home. However, a non-molestation order will not automatically prevent your ex from seeing your children.
How serious is a non-molestation order?
A non-molestation order does not need a power of arrest as it is a specific criminal offence to breach it. The maximum sentence through criminal courts is five years’ imprisonment and a fine; via the family court it is imprisonment of up to two years, a suspended sentence or fines.
How long does it take for a non-molestation order to be served?
However, the order does not become effective until they are personally served with it, so the respondent is not able to unknowingly breach a court order. They will also be notified within the documentation of the date of the full court hearing, which will normally be within 2-3 days.
How do you defend yourself against a non-molestation order?
How do I challenge a Non-Molestation Order? The first thing to do is to contact a specialist family law solicitor, especially if the Order was made ex-parte as there will only be a short period of time between the granting of the Order and the court hearing.
Can I challenge 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.
Can I get legal aid to defend a non-molestation order?
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 get a non-molestation order lifted?
The person who the non-mol is against can’t have it removed. Only you can remove it and if it was granted in the first place there is sufficient evidence to prove that the protection needs to stay in place.
How long does a court undertaking last?
6 months
Do you have to pay for an occupation order?
An Occupation Order has no court fee, so it is free to apply for one, however if you use a solicitor, you will need to pay their fees for helping with the application.
Does a non-molestation order show up on a CRB check?
No, as in the courts do not ordinarily just contact the police and advise them that a NM order has been issued. But if the order is breached and the victim contacts the police then that is usually when it will be entered into the system as that would be their first involvement in such a case.
What is the difference between a restraining order and a non-molestation order?
Occupation orders primarily deal with who occupies the family home, whilst non-molestation orders prevent harassment and further abuse. Restraining orders are imposed on offenders to prevent them from further abusing or harassing victims.
How do you enforce an occupation order?
If your abuser has breached your non-molestation order you can enforce it by either:
- Starting criminal proceedings by reporting his behaviour to the police, or.
- Starting civil proceedings by applying to the court that made the order for the respondent to be arrested and / or punished.
