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The short answer is yes: if a non-molestation order is made against you, you can challenge it.
Background
A non-molestation order prevents an individual who is in some way connected to the applicant from having any contact (Family Law Act, 1996). Such orders are used to protect a party from any form of harassment, threats or violence, as it prevents the respondent from communicating with the applicant and entering into the applicant’s home. It is mostly applied in situations of domestic abuse where there has been a continuous course of abusive behaviour.
The duration of a non-molestation order is decided by the judge. It could be made for a specific time period or until any further instructions (therefore there has an indefinite element), however the most common length of time is 12 months.
It is a criminal offence to breach of a non-molestation order and is therefore a contempt of court.
The court will list the matter for hearing within 14 days of the non-molestation order being made against you. In this time, you will get the opportunity to respond and challenge such order. It is recommended that you seek legal advice as early as possible in this situation.
Contesting a non-molestation order
If you believe there is no evidence for the implementation of a non-molestation order, there are two options to challenge it. To do this, you either need to choose not to oppose order but also not agree to give undertaking, on the basis that you do not accept the claims; or oppose the order and successfully prove the applicant wrong in their allegations.
With regards to the latter, consideration as to what evidence will be gathered is important and could include documentary evidence (from medical records or police files) or witness statements. The case must be proven on a balance of probabilities, meaning a lack of evidence would make rebuttal tricky.
Whilst contesting, the order is still active so it is also important to bear in mind that the terms of the order should continue to be adhered to. Irrespective of whether an order is deemed justified or not following the provision of counter evidence, it must be adhered to.
Further Information
If you wish to book in for an initial consultation to discuss your situation or any issues raised in this blog our family solicitors are based in both Wolverhampton and Cradley Heath and serve clients across the West Midlands. For all new enquiries, please call 01902 328 355 or complete our online enquiry form and a member of our team will respond.