Non Molestation order extension query

[Guest]

Hi all,

I'm writing this query on behalf of my partner and would very much appreciate if any advice can be provided.

My partner has a non molestation order that was taken out on him by his ex-partner, which is set to expire in November.

We would like to know what he has to do next, he hasn't breached any of the conditions set but we understand that an extension can be granted by the courts.

The alleged offence he was accused of, he has been given a NFA from the police for the alleged offence for which the order was granted. He has obtained a copy of this NFA via email from the officer.

In regard to the extension query, this is being asked as his ex partner has made false allegations against me contacting her, which the police have contacted him but he was able to prove the allegations were false by proving phone billing info.

Although he has not breached any of the conditions, he is a bit wary of an extension being granted, as he feels these false reports by his ex-partner may continue and lead to him being arrested again.

If an extension is granted, can he provide evidence to the courts of the NFA and state that none of the conditions of the non molestation order have been granted?

Thank you in advance for any help provided.

[Celestine]

When was the original non molestation order granted? Did it have powers of arrest attached?
The ex has applied to the court for an extension beyond November? How were you notified of this and what is the court asking in terms of evidence from both parties.

[MaryAS]

Thank you for your response.

The original order was granted in November 2019 and it did have powers of arrest attached.

We haven't received any communication regarding an extension.
We ideally would like to know what the procedure will be if an extension is applied for or granted.

Will he have the opportunity to show the court that he has an NFA from the police for what he was originally accused of. And will he have the opportunity to inform the court that he has not breached the order?

[Aged William]

...his ex partner has made false allegations against me contacting her...

This reads as though the allegation has been made against the respondent's current partner. Typo? Or is there more to this?

Also, a slight word of caution. The fact that a recorded crime has been closed as No Further Action does not necessarily mean the court will totally disregard it as "the court shall have regard to all the circumstances" when deciding the case.

[MaryAS]

Sorry, that was a typo, I meant she has made false allegations of my partner contacting her.

There has been no contact between my partner and his ex. His ex partner lied in her police statement and I don't believe the police warned her, even though my partner provided proof of the false allegations.

He doesn't particularly want to go back to court either or doesn't he want to arrested again.

What more can he do to prove to the court that he doesn't intend to breach the order, even after a while year.

[Celestine]

The ex partner would need to apply to the court with specific and compelling evidence to be granted an extension, the courts are very stretched currently so this would be even more important than usual. The application would have to be done with notice to your partner who would be given an opportunity to submit his views and attend any application hearing.
The thing to also consider is how disruptive/inconvenient is the non molestation order in reality? Is it necessarily something to fear? I absolutely understand that is insulting to stand 'accused' of violence wrongly, the justice system is not ideal but has to address the tragic reality of domestic violence statistics - hence the over cautious approach of non molestation orders. For every 'bogus' one there will be several that play a part in saving lives.