A restraining order application means someone has asked a court to legally prohibit you from contacting them or going to certain places. This is serious — breaching a restraining order is a criminal offence. But you also have the right to be heard by the court before any final order is made.
There are two main types. A restraining order (under the Protection from Harassment Act 1997) is made in criminal proceedings — often after conviction or even acquittal, if the court thinks it's necessary. A non-molestation order (under the Family Law Act 1996) is applied for in civil family proceedings and is specifically for people who are 'associated' (family members, partners, etc.). For non-molestation orders, the applicant can get an emergency 'without notice' order first — meaning you may not have been heard before the order is already in place. A full hearing where you can respond is then listed.
If you've received court papers, attend every hearing. Courts can make final orders in your absence if you don't appear, and these may be more restrictive than if you'd been heard.
Restraining order proceedings can affect your liberty and your relationships. A family or criminal solicitor (depending on the type) can advise on your prospects of opposing the order.
Even before any order is made, contacting the applicant — even through third parties — can be presented as evidence supporting their application. Stop all contact immediately.
If you believe the application is based on false or exaggerated claims, gather evidence: texts, emails, witnesses, call records. A proportionate, factual response helps your case.
Even if you disagree with an interim (temporary) order, breaching it is a criminal offence. Wait for the full hearing to challenge it through proper legal channels.
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Breaching a restraining order is a criminal offence under the Protection from Harassment Act 1997, carrying up to 5 years in prison. Breaching a non-molestation order can also lead to imprisonment.
Yes. In urgent cases, a 'without notice' non-molestation order can be granted based only on the applicant's evidence. You then have the right to attend a return hearing and oppose it.
A non-molestation order typically lasts 6-12 months but can be extended. A criminal restraining order can be indefinite. Either party can apply to vary or discharge the order.
Yes. You have the right to attend the full hearing and present evidence that the order isn't necessary or proportionate. Legal representation significantly helps at this hearing.
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