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What happens at a non-molestation final hearing?

 
(@dadsunited)
Trusted Member Registered

Hi guys,

 

What happens at a non-molestation order final hearing?

Do I need to give a opening statement and then after cross examination, give a closing statement?

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Topic starter Posted : 02/03/2022 1:56 am
(@bill337)
Illustrious Member

hi,

info from law site:

 

Final Hearing

At the final hearing, both parties will give evidence regarding the allegations. This means that X and Y will both be able to put forward their case as to what happened and why the order is either necessary or not. However, both parties will be subject to cross examination from the other which means some uncomfortable questions will be asked as one parties’ case is put to the other to challenge the other parties’ version of events.

After hearing the evidence, court may make findings as to whether the allegations happened, which will feed into their decision of whether the non-molestation order should remain in place or be discharged based on the criteria set out in the ‘The Law’ section above (the Court having regard to all the circumstances including the need to secure the health, safety and well-being of Y and any relevant child).

The process may be a smooth one or may be slightly more difficult dependant on the position of X but hopefully this guide has assisted somewhat in what to expect when applying for a non-molestation order.

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Posted : 02/03/2022 9:14 am

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