Navigating Non-Molestation Orders: Options for the Falsely Accused

By Michael Thompson, Founder of the Falsely Accused Network

Being served with a non-molestation order when you believe the allegations against you are false can be a deeply distressing experience. As someone who has worked with many individuals in this position, I understand the confusion, anger, and helplessness that often accompanies such situations. In this article, I'll explore the various options available to those who find themselves wrongfully subject to non-molestation orders, examining the potential benefits and drawbacks of each approach.

Understanding Non-Molestation Orders

Before discussing response strategies, it's important to understand what a non-molestation order is. These civil orders are designed to protect individuals from harassment, intimidation, or threatening behavior from partners, ex-partners, or family members. While they serve a vital purpose in protecting genuine victims of abuse, there are unfortunately cases where these orders are sought and obtained through false allegations.

Option 1: Offering an Undertaking

An undertaking is a formal promise to the court that you will not engage in certain behaviors, essentially serving as an alternative to a non-molestation order.

 Pros of Offering an Undertaking:

- No finding of fact: By offering an undertaking, there is no judicial finding that you have done anything wrong.

- Avoiding contested hearing: It eliminates the need for a potentially emotionally draining and expensive contested hearing.

- Less damaging record: An undertaking may have less severe implications for your future than a formal order.

- Demonstrates reasonableness: Shows willingness to cooperate with the legal process, which may be viewed favorably in any related proceedings.

Cons of Offering an Undertaking:

- Implied admission: Though not technically an admission of guilt, offering an undertaking may be perceived as acknowledging some wrongdoing.

- Similar restrictions: The practical limitations placed on you may be just as restrictive as those in a formal order.

- Breach consequences: Breaching an undertaking is contempt of court and can result in serious penalties, including imprisonment.

- Future implications: May still be referenced in future family court proceedings, despite the absence of findings.

Option 2: Accepting a Non-Molestation Order on a "No Admission, No Finding" Basis

This approach involves consenting to the order being made without admitting to the allegations and without the court making any findings of fact.

 Pros of Accepting on a No Admission Basis:

- Resolution without contest: Resolves the matter quickly without a contested hearing.

- No judicial findings: The court makes no findings about the truth of the allegations.

- Reduced legal costs: Significantly less expensive than fighting the case.

- Psychological closure: Provides a way to move forward rather than prolonging the legal battle.

Cons of Accepting on a No Admission Basis:

- Order still exists: Despite the absence of findings, a formal order will be in place against you.

- Impact on other proceedings: The existence of the order, even without findings, may influence other legal matters such as child contact arrangements.

- Record implications: The order may still appear in background checks for certain employment or volunteer positions.

- Perception issues: Others may assume guilt despite the "no findings" basis.

Option 3: Contesting the Non-Molestation Order

This involves challenging the allegations in court and asking a judge to dismiss the application.

Pros of Contesting the Order:

- Opportunity to clear your name: Provides a chance to present evidence refuting the allegations.

- Judicial vindication: If successful, there is official recognition that the allegations were unfounded.

- Future protection: A successful defense may discourage further false allegations.

- No restrictions: If successful, you won't be subject to any restrictions on your behavior.

Cons of Contesting the Order:

- High legal costs: Contested hearings can be extremely expensive.

- Emotional toll: The process can be highly stressful and emotionally damaging.

- Risk of adverse finding: If unsuccessful, the court will make findings against you that may be more damaging than accepting an order without findings.

- Prolonged conflict: Extends the period of conflict and uncertainty.

Strategic Considerations

When deciding which option to pursue, consider:

1. The strength of your evidence: Can you effectively disprove the allegations?

2. Financial resources: Can you afford a potentially lengthy legal battle?

3. Emotional resilience: Are you prepared for the stress of a contested hearing?

4. Related proceedings: How might your decision impact other legal matters, such as child arrangements?

5. Long-term implications: Which approach best protects your reputation and future opportunities?

Seeking Support

Whatever option you choose, it's crucial to seek both legal and emotional support. At the Falsely Accused Network, we provide guidance to individuals navigating these complex situations, connecting them with experienced legal professionals and support groups who understand the unique challenges faced by those wrongfully accused.

Conclusion

Being falsely accused and served with a non-molestation order is a challenging experience that requires careful consideration of your options. While there is no one-size-fits-all approach, understanding the potential benefits and drawbacks of each option can help you make an informed decision that best protects your interests and wellbeing. Remember that with the right support and strategy, it is possible to navigate this difficult situation and work toward rebuilding your life and reputation.

If you've been falsely accused of domestic abuse or have been issued with a non molestation order then don't delay. Contact us at www.falselyaccusednetwork.co.uk/contact or email support@falselyaccusednetwork.co.uk to arrange a free and confidential call. 

*** This article is for information only and doesn't constitute legal advice. We strongly suggest you seek advice from a qualified family law solicitor, which we can link you up with one before making any decision about your response to a non molestation order***