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Can someone tell me what the first hearing is like for non -molestation order

3 replies

Singlemumof2boys21 · 12/08/2021 18:39

I have court Monday for an non molestation order against my ex partner due to domestic abuse etc. I have no idea what to expect or what happens during the first hearing. Very worried about the whole thing and hope someone could let me know their experience. Thank you

OP posts:
Twinklettoz · 13/08/2021 12:28

What is this hearing, has the non molestation order been served to him already and this is opportunity to contest or is this a hearing to see if the judge will grant a non molestation order. Those are two very different hearings so need to understand.

Singlemumof2boys21 · 13/08/2021 12:32

Thank you for replying this is to see if one will be granted.

OP posts:
Twinklettoz · 13/08/2021 12:37

If it is an on notice hearing where both parties are in attendance then there is an opportunity to consider whether an undertaking (formal promise to the court) is more suitable if the respondent does not agree with what has been said about them by you. This promise to the court (undertaking) does not mean that the respondent has admitted anything or that the court believes s/he has done anything wrong. Cross-undertakings where both the applicant and the respondent promise not to commit an act against each other are relatively common. Breaking an undertaking to the court has the same effect as breaking a court order and may lead to prison.
At this hearing the judge will hear from you both via your Counsel if you're represented. If its an on notice hearing there's every chance you might end up with an undertaking.. Fingers crossed for you. Is there any reason why it wasn't granted without notice.

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