How long does it take to obtain a Non-Molestation order?
Where there is evidence of recent physical violence, the Court will normally grant an Order immediately to provide protection until a full hearing can take place. This is called an Ex parte application and it means that no advance notice needs to be given to the Respondent. However, the order does not become effective until they are personally served with it, so the respondent is not able to unknowingly breach a court order. They will also be notified within the documentation of the date of the full court hearing, which will normally be within 2-3 days. The respondent may serve a statement in response, but does not have to. At the hearing the court will decide if the Non-Molestation order continues or not.
If the court does not believe there to be imminent danger to the applicant or a relevant child, the application will need to be personally served on the respondent, not less than 2 days before the court hearing. The respondent may serve a statement in response, but does not have to. Then once the evidence from both parties has been heard, the court will decide if a Non-Molestation order can be made.
The court will list hearings for non-molestation orders as quickly as possible, usually within a few days. The hearing will take place in private unless the court directs otherwise.