The Downside Risk Of Non Molestation Order That Nobody Is Discussing

Violence that occurs to another human being is considered as a criminal offense. The plaintiff can bring the subject matter to the authorities and have it filed under criminal charges. However, since the criminal justice system is not able to come up with immediate action, it is necessary to obtain a non molestation order to prevent the victim from any unwanted occurrences. When this particular order has been obtained, the person who is charged under the criminal offense will be prohibited from causing any intimidation towards the victim. Some of the prohibited actions may include threat, harassment, violence and pestering. It is not necessary for the offender to meet the victim in person before he is considered breaching the order. Even a phone call, loitering outside the house of the victim or shouting profane words are also considered as breach of order. The order can be obtained out of several reasons. Several considerations are taken into account such as whether it involves the health and safety of the victim and whether the health and safety of a child are involved.

A non molestation order can become applicable when it is made against a husband or wife, both existing and former. The order is also applicable to a sex partner, a person who lives together with the victim and has sexual relationship, parents, step parents, uncles, aunties, nephews, spouses of all the mentioned people, ex boyfriends or girlfriends, guardians and people who play a parental role. When the application is submitted to the court and the court receives it, it is possible for a court hearing to take place within fourteen days or earlier than that. Even though there are many prohibitions that are applicable to an offender, the order has no power to restrict the offender from leaving home. In other words, the offender is free to go anywhere he wants. As long as he does not breach the prohibitions stated under the order he is a free person until he is proven guilty in the court of law.

A non molestation order can be obtained much quicker when the ex-parte option is being used. This order does not require any prior notice before it can become valid. Take note though, that the order can end after a certain period of time. When you are in a desperate situation and you want to receive immediate protection a court hearing can be initiated within less than two weeks. The priority of your case will be based on the facts that you’ve given the court regarding the perpetrator. It is not necessary to inform the perpetrator about the application of the order nor does he need to attend the first court hearing. In such a case, another court hearing will be arranged and only at that time that the perpetrator is required to be present. When there is a breach of order, the evidence will be heard upon court and after that a decision is made whether the order is actually breached. When the final decision has been made, a relevant punishment will be decided. The perpetrator will then be required to pay a fine, sent to the jail or both.

Anyone who breaches the non molestation order will be considered as a criminal. This is made possible based on the Domestic Violence, Crime and Victims Acts, 2004. Someone who breaches the order and has no reason of doing so can be liable for a criminal offense. As crime offenders are able to be arrested when a breach of order takes place, the need to include the power of arrest into the order becomes no longer necessary. These days, anyone who breaches the order can be imprisoned for up to five years. When there is a breach of order, the applicant is served with two options. One, the applicant calls the police and the police will handle the case as a criminal offense. Two, the applicant returns to the civil court and files the case as contempt of court.