Contesting a Non Molestation Order

[cuprasi]

I received an ex parte Non Molestation order the other day.

Some of the details given are true and correct, but many are not.

There is a date for the short hearing and I would like to know if I can contest what has been said?

Thank you

[des8]

Re: Contesting a Non Molestation Order

Hi and welcome.
When you go to court you will have the opportunity to make representations.
Assuming the applicant is your partner I would suggest you obtain professional advice from a solicitor specializing in family matters

[cuprasi]

Re: Contesting a Non Molestation Order

Thank you

It is my now Ex Partner

[black jack]

Re: Contesting a Non Molestation Order

Hi and welcome.
When you go to court you will have the opportunity to make representations.
Assuming the applicant is your partner I would suggest you obtain professional advice from a solicitor specializing in family matters

So what if its not your partner who brought the application but someone who has lied in order to fulfil the critera?

[stevemLS]

Re: Contesting a Non Molestation Order

I think part of the issue with this type of order is that the court views it as ordering you not to do something you ought not be doing anyhow, and so the bar, particularly for an ex part order (without notice) is set quite low.

Is there any history of domestic violence (sorry but the question has to be asked)?

There has to be a risk of significant harm, a risk that the claimant will not pursue the substantive proceedings and a potential that you are evading service being factors to take into account for an ex part order, but the court simply has to consider it "just and convenient".

You may be in further difficulty given that you say some of what is alleged is true.

But certainly you can contest it, as des says, you would benefit from representation.