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Can a Non Molestation Order be removed

(14 Posts)
bongobaby Sun 02-Mar-14 18:51:08

I am due to go to court next week because exp has made an application for the non molestation order against him to be removed. It has only been in place since Christmas due to his past behaviour. I m not looking forward for this protection to be removed, has anyone had any experience of this, any help would be greatly appreciated.

bongobaby Sun 02-Mar-14 20:00:08

Any advise please

Collaborate Sun 02-Mar-14 21:07:57

Has there been a contested hearing before?

Yoghurty Sun 02-Mar-14 21:17:52

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.

Have you actually been summoned to court or is that just what he had told you?

If you need some extra advice, give NCDV a call on 0844 8044 999. They work in granting non- mols/injunctions and can give you some basic free advice.

traviata Sun 02-Mar-14 21:30:19

yoghurty, that is wrong.

The person who it was made against can ask for it to be discharged, and is entitled to have it reconsidered if they didn't have their say to start with (ie if it was made ex parte).

As Collaborate indicates, if there has been a contested hearing before, there would need to be a change of circumstances (for example reconciliation) to have it discharged.

Yoghurty Sun 02-Mar-14 22:02:44

Maybe I worded my post wrongly- the non-mol can't just be 'removed' by the person it was taken out against.

If the non-mol was made without him present you can be called back to court for it to be reviewed to see if it is just/appropriate but it won't just be removed because he wants it to be.

Your safety and any children at risk from harm will be taken into account and if there is evidence of 'past behaviour' then that will also be taken into account

traviata Mon 03-Mar-14 13:47:36

I agree smile

Spero Mon 03-Mar-14 13:53:09

If the non molestation order was made after hearing evidence then the court have made a finding that they prefer your evidence. He would have to appeal agains the court order.

If the order was made 'ex parte' - I.e without him attending court or even knowing about the hearing, courts will always give someone the opportunity to come to court and argue against such an order. But usually they have got to do it reasonably quickly.

So I agree with the others.

thejanuarys Fri 07-Mar-14 11:08:06

hi. don't know when your court date is, but please be prepared. You'll need all the evidence - witness statements, true examples of abuse etc -chance are if it is changed then it'll be changed to a General Form of Undertaking. If it is changed, then make sure there is a 'arrest' element to it - ie if ex breaches for any reason then the matter will be subject to police intervening and the police will have to see the exact words re their powers of arrest on the form. Otherwise, if difficult (because he may have legal representation and they manipulate matters) then ensure the judge adds some remedy to you - ie that you can contact the judge immediately for the matter to be brought back into court immediately. good luck.

lostdad Fri 07-Mar-14 11:59:33

In answer to the original question - yes it can if he convinces the court it should be. One way to do this is for him to give an undertaking that he'll not do whatever the terms of the non mol spell out.

They are usually time limited and expire after a set time too.

It's also common that a non molestation order made in an ex parte hearing will be addressed at a hearing where both parties attend a short time afterwards. Although I am coming across cases where there is no return date just recently and the issue is being dealt with at a much later date.

Spero Fri 07-Mar-14 13:20:49

The majority of nonmols I have done we were listed for a quick retune date - then other side didn't turn up. So maybe the courts have decided only to list reetuen dates on request of respondent?

I don't understand thejanuarys post. I haven't done a non mol for a few months but my recollection was a power of arrest is automatic?

Remember if you accept undertakings, this is no admission as to past bad behaviour, just a promise to behave well in the future. Both orders and undertakings are usually time limited to no more than a year but can be extended.

Collaborate Fri 07-Mar-14 17:20:52

There is no such thing as a power of arrest any more. Breach of a non-molestation order is an arrestable offence. You don't get POAs with undertakings, and for that reason the judge should be very reluctant to accept one instead of making the non-mol.
The usual order lasts 12 months, with it being relisted on the application of the Respondent.

Collaborate Fri 07-Mar-14 17:22:56

Just to add, the usual without notice order lasts 12 months. The judge can however decide to list it for an early hearing, and will often do this when there are children.

Spero Tue 18-Mar-14 08:42:10

Sorry, may be a bit off topic but I just found this about a judge refusing to lift a restraining order in a criminal case until the parties could show they could 'get on' over the phone over six months.

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