Stopping the extension of a Non-Molestation Order UK
Contents:
What is a Non-Molestation order?
The basic objective of obtaining a non-molestation order is to prevent a partner or ex-partner from using any physical violence or threatening violence, or harassment against the applicant or their children. For more information on this, please click here.
You can read here about what a non-molestation order is, who can apply for one, and what are the reasons under which a non-molestation order can be obtained.
How long do Non-Molestation Orders last?
Non-molestation orders are typically granted for 6-12 months. A Judge may grant a non-molestation order for a period longer than 12 months if they are satisfied this is in the best interests of the applicant.
Can Non-Molestation Orders be extended?
Non molestation orders can be extended providing the original order has not yet expired. If the applicant needs the legal protection for an extended period of time, the order can be renewed. There are no limits to extending a non-molestation order and extensions are at the Court's discretion. The court must be satisfied that there are grounds to renew the order.
What if I do not apply to extend the Non-Molestation Order before it expires?
If the applicant fails to request the extension of the non-molestation order before it expires, they must make a new application for a new order.
When will the court extend a Non-Molestation Order?
A court will extend a non-molestation order if there is a continued threat or possibility of a continued threat, if there have been repeated breaches of the order or if new elements of the threat have arisen.
A non-molestation order should only be extended in the aforementioned exceptional circumstances. It is not standard practice.
When considering whether a non-molestation order should be extended, the impact of the extension on the respondent should be taken into account by the Judge. The Judge should be mindful that non-molestation orders have serious implications and impact the respondent’s family life and freedom of movement. For example, the non-molestation order may state that the accused cannot approach the applicant or contact them via social media.
Can the extension of a Non-Molestation Order be challenged?
The extension of a non-molestation order can be challenged. To challenge the extension of a non-molestation order, the accused can either make an application to discharge the NMO on the basis that there was no reason to grant it or appeal the order on the basis that there were no grounds to extend it.
How can we help you stop the extension of a non-molestation order?
Many times False allegations are made in the court of law and these can be devastating. We have authored a case study on False Allegations which can be found here.
Why are Non Molestation Orders issued?
In the nuanced domain of family law, non-molestation orders are a pivotal element in safeguarding individuals from threats or harm emanating from partners or ex-partners. Delving into these protective measures—understanding their essence, operational mechanisms, and particularly how one can contest their extension—is vital for those entangled within such predicaments. Let's embark on an exploration to demystify this complex topic, shedding light on actionable steps for navigating these legal waters with clarity.
Deciphering Non-Molestation Orders
At its heart, a non-molestation order transcends mere legal terminology; it serves as a critical barrier erected by the family courts to shield someone against physical violence, menacing behaviour, pestering communications or any form of unwelcome intrusion that disrupts their peace and safety. This protection extends beyond prohibiting direct contact; it aims to create an environment where living free from fear becomes possible.
Duration of Protection: A Time-Bound Shield
Ordinarily set for six months to a year at inception, these orders represent temporary sanctuaries rather than indefinite protections, it should not be lost on us that these are issued under Family Law Act and relates to ASSOCIATED PERSONS. Their duration is deliberately designed with flexibility in mind—to adaptively cater to the specific risks and necessities confronting applicants.
When does the court extend a Non Molestation Order?
Securing an extension isn't straightforward—it demands proof of persistent risk or defiance against the original order’s boundaries. This principle underscores that protections must evolve alongside shifting circumstances—if despite existing restrictions your aggressor remains undeterred—a strong case for seeking extension emerges as evidence that danger hasn’t dissipated but looms ever-present.
If deadlines lapse without action towards renewal—the path veers away from continuation onto initiating anew—a stark reminder of timing's paramountcy within protective judicial processes.
What does the court consider when granting Non Molestation Orders: Judicial Balancing Acts
When contemplating extensions judges deliberate over several factors, feew of which (not all) are:
Risk Evaluation:
Is there compelling evidence indicating imminent threat?
Historical Conduct: Does previous behaviour classify the respondent as persistently dangerous?
Compliance Record:
Have prior order limitations been breached?
Impact Assessment:
How does maintaining this order affect both parties?
These considerations ensure decisions rest not merely on discretion but are anchored in equity and necessity.
How to oppose / fight extension of Non Molestation Orders?:
The Respondent’s Pathway
For respondents desiring to challenge proposed extensions—legal avenues exist permitting appeals aimed either at nullifying (discharge) said directives altogether or amending (vary) its conditions.
This avenue doesn’t negate legitimate safety concerns but ensures justice refrains from imposing undue constraints based solely upon unsubstantiated apprehensions.
Through examining accessible case laws which illustrates judicious appraisal concerning "necessity" versus "desire" while considering extensions—one gains insight into judiciary tendencies striving towards balancing mandates of protection with conservations around personal freedoms thereby enriching our understanding about successfully countering unjustified expansions of non-molestation orders!
Navigating through challenges posed by potential extensions whether advocating against unfair prolongations OR genuinely necessitating continued safeguards—grasping intricacies surrounding non-molestation orders proves indispensable amidst life's stormy episodes characterized by interpersonal conflicts warranting court intervention!
We at Court Help Limited specialise in Family Court matters including Non-Molestation Orders by drafting formal applications to the Court asking them to discharge the non-molestation order or appeal the extension of the same. Our legal team has a wealth of experience and expertise to assist you in the preparation of the required documentation involved in these cases.
We offer a very high standard of service to clients in the form of paralegal support in order to obtain successful outcomes. Please fill in the client contact form to contact us.
This article is NOT legal advise and should not be considered as Legal advise.
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