Non-Molestation Hearing
A non-molestation hearing is scheduled due to concerns regarding a previous abusive relationship. Specific worries have arisen regarding the potential impact on the children involved, as the former partner has been observed near the family's residence. There are particular anxieties concerning contact with the daughter and implications on the son's life stemming from prior behavior of the former partner. The hearing aims to address these safety concerns.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat evidence should I gather to support my case for the non-molestation order?
Gather evidence such as threatening messages, emails, or voicemails from the respondent. Maintain a detailed diary of incidents, noting dates, times, and descriptions of harassment or sightings. Witness statements from neighbors or individuals who have seen the respondent near your property can be valuable. Include any police reports or prior court orders relating to past incidents, as well as photographs or video evidence that demonstrate the respondent's proximity to your residence or attempts to contact you or your children.
How can I ensure my children are protected during this process?
Consider applying for an occupation order alongside the non-molestation order, which can prevent the respondent from living in or entering your home. Inform your children's school about the situation for added vigilance. Discuss safety plans with your children regarding what to do if they come across the respondent. Engage with local domestic abuse support services for guidance and resources.
What should I expect during the non-molestation hearing?
During the hearing, the court will review your application and the circumstances surrounding it. You will likely present your account of events and immediate concerns regarding safety. The respondent will have a chance to respond as well. The judge will assess the evidence, your testimony, and any risks involved before making a ruling. The court may issue an interim order depending on the urgency of the situation.
What measures can I take if the respondent breaches the non-molestation order?
Report any breaches of the non-molestation order to the police immediately, as this is a criminal offense. The police have the authority to arrest the respondent, and prosecution may follow. Additionally, you can apply to the family court for enforcement of the order, which might result in penalties for the respondent.
How quickly can the court issue a non-molestation order in urgent situations?
In urgent cases, the court may issue a non-molestation order on the same day if an application is made without prior notice to the respondent, especially when there is an immediate risk of harm.
Can the court suggest an undertaking instead of a non-molestation order?
Yes, the court may propose an undertaking if both parties agree, which is a formal promise by the respondent not to engage in certain behaviors. However, be mindful that unlike non-molestation orders, breaches of undertakings may not be recorded in official police systems.
Can I suggest terms to include in an undertaking?
You can suggest terms for an undertaking, which might include restrictions on the respondent contacting you or your children, approaching your residence or their school, or visiting common places you frequent.
