LEGAL EAGLE: My ex-partner claims I’m abusive and has applied for a non-molestation order! What can I do?

A letter you receive means you are now a ‘Respondent’ in Non-Molestation Order proceedings.

My ex-partner, who I have had two children with, has made allegations against me that I have threatened to harm her, been verbally abusive and that I have threatened to harass her.

She has not stopped me from seeing the children, however, I have been given a letter that says I must attend court because she has applied for an emergency Non-Molestation Order.

The letter states that there was a hearing which my ex-partner attended, and a further hearing has been set which I must attend.

The allegations against me are not true. What can I do?

Firstly, if you have received a letter from the court about a Non-Molestation Order, it is likely that there has already been a hearing which your ex-partner attended.

This is because often, where allegations of domestic abuse have been made, the applicant (the person making the application) will apply for a Non-Molestation Order without notice, which means the other person will not know an application has been made.

This is to stop this person from harassing them or trying to prevent them from making the application. The letter you have received means you are now a ‘Respondent’ in Non-Molestation Order proceedings.

If a Judge has granted a Non-Molestation Order, this Order prevents you from intimidating, harassing, or pestering your ex-partner. It would also prohibit you from entering or attempting to enter her home, and it may prevent you from being within a certain area of her home.

It is important you identify quickly whether the Judge granted the Non-Molestation Order at the first hearing. If it was granted, the Order will state clearly what you cannot do to your ex-partner.

If you do any of the actions you are not allowed to do, your ex-partner will be able to contact the Police who will be able to arrest you for breaching the Order.If a Non-Molestation Order is in place, you need to make sure that arrangements are made for handovers of your children. This is because of the limitations placed upon you by the Non-Molestation Order which is likely to include you not being allowed to go to your ex-partner’s home, which will prevent you from picking up and dropping off the children.

It may be that a family member or friend could help in picking up and dropping off the children for you.

If your ex-partner suddenly stops your contact with the children, you can seek legal advice or engage in mediation to try and resolve any issues.You may be eligible for Legal Aid because you are on Universal Credit. However, it is very difficult to obtain Legal Aid as a Respondent in Non-Molestation Order proceedings. You will need to justify to the Legal Aid Agency very strong reasons why the allegations made against you are untrue.

You will likely need to make a written statement in response to your ex-partner’s allegations before your next hearing to confirm your position and whether you disagree with any Order continuing.

If you would like to discuss this matter further, then please contact Ben Hoare Bell LLP on 0191 565 3112 or email [email protected]. Visit www.benhoarebell.co.uk for further information.