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In the

Kingston Upon Hull


County Court

Case No.

Applicant
Ref
Respondent
Ref

Non-molestation Order under Section 42 of the Family Law Act 1996

To name

Of address

Important Notice to the Respondent name

You must obey this order. You should read it carefully. If you do not understand
anything in this order you should go to a solicitor, Legal Advice Centre or Citizens
Advice Bureau. You have a right to apply to the court to change or cancel this order.

If, without reasonable excuse, you do anything which you are forbidden from doing by
this order, you will be committing a criminal offence and liable on conviction to a
term of imprisonment not exceeding five years or to a fine or to both.

Alternatively, if you do not obey this order, you will be guilty of contempt of court and
may be sent to prison.

On day of 20_____, His Honour Judge


Considered an Application for an Order

THE COURT ORDERED THAT:

A. From and after personal service of this order upon him the Respondent is
forbidden to: OR

B. From and after the time when the Respondent is made aware of the terms of this
order whether by personal service or telephone or otherwise the Respondent is
forbidden to: OR

C. From and after personal service of this order upon him the Respondent whether
by himself or acting jointly with any other person is forbidden to: OR
D. From and after the time when the Respondent is made aware of the terms of this
order whether by personal service or telephone or otherwise the Respondent
whether by himself or acting jointly with any other person is forbidden to:

1. Use or threaten any unlawful violence towards Applicant's name

2. Use or threaten any violence towards Children's names

3. Come within number meters of address the applicant’s place of work.

4. Come within number meters of any property at which he is aware that the applicant is
living

5. Come within number meters of school address between the hours of 8a.m and 9a.m
and 3p.m. and 4p.m. except by prior written invitation from the school authorities.

6. Send any threatening or abusive letters or text messages or other communication to


Applicant's name

7. Communicate with the Applicant whether by letter, text message or other means of
communication except through her solicitors Solicitor's name

8. Communicate with the Applicant whether by letter, text message or other means of
communication except for the purpose of making arrangements for contact between
the Respondent and Children's names

9. Threaten the Applicant Applicant's name

10. Damage or attempt to damage or threaten to damage any property belonging to the
Applicant or jointly owned by the parties

11. Damage or attempt to damage or threaten to damage any of the contents of address of
applicant

12. The respondent is also forbidden to instruct or encourage any other person to do
anything which he is forbidden to do by the terms of this Order.

This order shall remain in force until 4:00pm on the

AND the Court ordered that

A. This order will be considered at a further hearing on a date to be fixed by the proper
officer on request by the Respondent

B. Respondent to file and serve any affidavit in evidence in support of his/her case not
less than 48 hours before the review hearing
IMPORTANT NOTICE TO THE RESPONDENT

This order has been made without any notice of the proceedings being given to you and on
the basis of the affidavit evidence of the Applicant, a copy of which has been served with
this order.

If you think the order should be set aside or varied you will have the opportunity to apply
for this at a full hearing which will take place as soon as just and convenient. At the
hearing the court will hear evidence from both parties and decide whether to confirm, or
vary, or set aside the order.

The court will fix a hearing as soon as you come to the office, or telephone or write to the
court to ask for the date to be fixed. The hearing will normally take place within seven
days of your request and both you and the Applicant will receive at least 48 hours notice of
the hearing date. You must should file any affidavit evidence on which you rely at the
court office and serve copies on the Applicant if possible not less than 48 hours before the
hearing

There be no order as to costs save that there be Detailed Assessment of the Applicant’s
Publicly Funded costs.

Note to the Arresting Officer

Under Section 42A of the Family Law Act 1996 breach of a Non-Molestation Order is
a criminal offence punishable by up to five years imprisonment. It is not necessary to
obtain a warrant.

“A person who without reasonable excuse does anything that he/she is prohibited
from doing by a Non-Molestation Order is guilty of an offence”.

Family Law Act 1996, Section 42A(1)

This order has been made ex-parte under Sections 42 and 45 of the Family Law Act 1996

Ordered by HIS HONOUR JUDGE

On
Notice of Further Hearing

The court will re-consider the application and when whether the order should continue at a
further hearing at

On the ___________ day of ______________________ 20_____ , at ___________ o’clock

If you do not attend at the time shown the court may make an order in your absence

This order is made [without notice] [with notice] to the respondent

NOTE TO THE ARRESTING OFFICER

Under Section 42A of the Family Law Act 1996 breach of a non-molestation order is a criminal offence
punishable by up to five years imprisonment. It is an arrestable offence and it is not necessary to obtain a
warrant.

“A person who without reasonable excuse does anything that he is prohibited from doing by a non-
molestation order is guilty of an offence”

FAMILY LAW ACT 1996, Section 42A(1)

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