Lying To Get A Non-Molestation Order: Advice For Respondents

emily gordon brown
Emily Gordon BrownLegal Assessment Specialist @ Lawhive
Updated on 25th October 2023

A non-molestation order is a set of rules from the court. It’s purpose is to protect people from domestic abuse.

The problem is, sometimes, these orders can be used in a sneaky or mean way. You might find yourself in a situation where someone is lying to get a non-molestation order against you and you have to figure out how to defend yourself even though you feel you did anything wrong.

lying-to-get-non-molestation-order

It’s not okay for anyone to lie to the court to get one of these orders. But sadly, it does happen.

So, what should you do if someone has lied to get a non-molestation order against you?

If you’re facing a situation where someone has unfairly asked for a non-molestation order against you, it’s important to get legal advice to help you protect yourself and your rights.

Why might someone lie to get a non-molestation order?

If you find yourself facing a non-molestation order based on false accusations that are either totally made up, or stretch the truth, it can be confusing to understand why.

All cases going through the family court process are unique in their own way, so it’s impossible to say why without looking at the specific case.

However, reasons for this might be that:

  • The Applicant thinks it will give them an advantage with a child arrangements application;

  • The Applicant wants to use the non-molestation order as a way to get financial benefits or help with legal costs (Legal Aid);

  • The Applicant wants to stop you from accessing legal aid funded advice or representation.

Sometimes, an Applicant might bend the truth or even out-right lie to get a non-molestation order out of spite.

What can I do if someone is lying to get a non-molestation order against me?

If you think someone has lied to get a non-molestation order, you can contest a non-molestation application.

However, you should think carefully about doing so in light of the evidence and the allegations that have been made against you.

While you might believe wholeheartedly that what is being said about you is lies, you’ll need to consider the case from the Judge’s point of view and how they might rule on the case based on the facts.

While you have a right to appeal, you should be prepared for the eventuality that a Judge might not rule in your favour and the claims of domestic abuse might be used against you in further connected cases, like child arrangements.

In the case that you do want to contest the allegations or appeal the ex-parte Order, you should get legal advice as soon as possible to fully understand your options.

Although you believe that a person might have lied to get a non-molestation order, you must not do something that the Order stops you from doing, unless you have a reasonable excuse.

Breaching a non-molestation order is a criminal offence, and therefore you could receive a criminal sentence or pay a fine.

While emotions might be running high in this situation, it is important to stay calm and seek legal help and avenues to challenge the false accusations, rather than do anything rash which may be used against you in further family court proceedings.

Can the person lying for the non-molestation order be punished?

If it is found that a person has lied to get a non-molestation order, in very rare circumstances the family court may order them to pay a costs order, which might include your legal costs.

If you believe that the Applicant is lying to get a non-molestation order so they can get legal aid under false pretences, then you can get in touch with the legal aid fraud department to report the Applicant.

Non-molestation applications which you believe to be based on lies can be difficult to handle, not to mention stressful and upsetting.

At Lawhive, our expert family lawyers can guide you through the next steps in cases like these, and help you understand your options when it comes to contesting a non-molestation order.

To work with one of our expert solicitors online, tell us about your case using the simple online form to get a fixed-fee quote for your case and take steps to overcome your legal matter quickly and in your best interests.

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