We understand that being served with a Non-Molestation Order can be very stressful and upsetting.
This can be particularly true when it contains information and allegations regarding your behaviour that you were not expecting; perhaps the allegations have been exaggerated, or are factually untrue.
The order will have a power of arrest attached to it which means that if you are suspected to be in breach of the order, you can be arrested.
However, rest assured that if this has happened to you we can help you to contest the order.
Contesting A Non-Molestation Order
If you find yourself in such a position it is imperative that you get immediate advice from litigation experts who understand the broad repercussions that such allegations can have.
At Monan Gozzett our family lawyers can call upon our Private Criminal Defence Team who are experts in representing clients who have false allegations made against them.
Our Financial experts and our Reputational Management Team can also assist them with your defence.
(Further reading: find out about the Non-Molestation Order processes and what legal steps are taken if you are served with one.)
How Can Monan Gozzet Help Contest A Non-Molestation Order?
Defending a Non-Molestation Order requires the intricate gathering of evidence.
This may involve taking statements from witnesses, gathering evidence from phones and computers, as well as obtaining supporting evidence regarding your character and general behaviour, in order to rebut the evidence the court relied upon when making the order initially.
If there are other court proceedings or Police investigations, you may find that there are inconsistencies or inaccuracies in the accounts previously filed by the applicant that raise concerns about credibility.
It is not always easy to get information viewed as a whole when it comes through different mediums and the court’s permission may need to be sought.
Contesting a Non-Molestation Order can be a lengthy, stressful and complicated business. It can be difficult to think clearly and rationally when these types of orders are made because they will relate to issues surrounding your family and those who you deeply care about including your children.
At Monan Gozzett our advice is based on our extensive record of litigation expertise. Because of that experience, we can help you to concentrate on the important aspects of your defence; the issues that really matter.
Sentencing Guidelines for Breaching a Non-Molestation Order
Breach of a Non-Molestation Order is a criminal offence and depending upon the seriousness of the breach, the sentence can range from a fine to 5 years imprisonment if you are sentenced by the Crown Court.
Non-Molestation Orders do need to be taken seriously and so if one has been ordered against you, which you believe is unfounded, then it is important that you get expert advice on how to challenge it.
How much will it cost to defend a Non-Molestation Order?
Court proceedings for the hearing of applications for Non-Molestation Orders are heard in stages.
There will be a first hearing, where the application is made on notice, i.e.: you were made aware of the application before the application was heard in court or without notice, often referred to as ex-parte.
There will also be what is known as a return hearing where the Non-Molestation Order can be contested. Where the application for a Non-Molestation Order is fully contested a final hearing/fact finding hearing will take place.
We offer our clients full costs estimates outlining our professional services in connection with defending Non-Molestation Orders within the following ranges:
- First Hearing: From £ 1,500 to £ 3,500 + VAT
- Return Hearing: From £ 2,000 to £10,000 + VAT
- Final/Fact-Finding Hearing: From £7,000 to £20,000 + VAT
Please note the above cost estimate ranges do not include any third-party fees including court fees, counsel’s fees or any other fees payable to third parties.
Before providing clients with our full costs estimate we will invite you to join us for a discovery consultation with one of our experienced family lawyers. During this consultation we will discuss your individual requirements and provide you with a full and detailed costs estimate tailored to your case.
Contact Monan Gozzett
If you would like Monan Gozzett to help you contest a Non-Molestation Order - or if you want to find out more about our legal services - get in touch using the details below.
Alternatively, you can visit our contact page.