An applicant can obtain an ex-parte Non-Molestation Order (contesting non-molestation order) against the respondent, however, before the return hearing the respondent files his/her statement and can challenge/contest a non-molestation order/application.
You must be careful and if you feel that the fact stated in the non-molestation application is baseless then you have good hope/chance to get it set aside.
Respondent Response To Non-Molestation Order/Application
If you being the respondent wish to challenge a non-molestation order then you must scrutinize the statement of the applicant thoroughly with the attached annexes which the application would have filed at the family court with the non-molestation application.
We have noticed as it is a heartbreaking process and throughout the proceedings, one feels emotionally disturbed and broken therefore they fight and challenge the non-molestation order just for their prestige but it may end up with nothing but costing you the unnecessary legal cost of the Solicitor/Barrister.
Two Options Are Available To The Respondent After Ex-Parte Order?
The Respondent can either:
- oppose the order on the day of the return hearing and then the matter will be listed for a full hearing (fact finding hearing) and during the full hearing the Judge will examine the Oral and Documentary Evidence of the both the appllicants and of the respondent, and if the Honourable Judge feels then the non-molestation order may be dismissed.
- he/she can provide an undertaking in place of the non-molestation order (contesting non molestation order). An undertaking is a promise to the court not to do things) on the basis that he/she does not accept the allegations that have been made against him/her. In fact the respondent or his/her representative may request the court for the cross undertaking.