Q&As

Where a respondent is currently being held in police custody, what is the process for serving a non-molestation order and occupation order application and notice of hearing on someone who is in prison?

read titleRead full title
Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 02/03/2018

The following Family Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where a respondent is currently being held in police custody, what is the process for serving a non-molestation order and occupation order application and notice of hearing on someone who is in prison?

Where a respondent is currently being held in police custody, what is the process for serving a non-molestation order and occupation order application and notice of hearing on someone who is in prison?

A non-molestation order must be served on the respondent personally, regardless of whether it was obtained without notice or at an inter partes hearing (Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 10.6) as soon as reasonably practicable. Also, an application for a non-molestation order and for an occupation order must be served personally on the respondent not less than two days before the hearing, or within such period as the court directs (FPR 2010, SI 2010/2955, 10.3). Personal service is effected by way of handing the documents that require

Popular documents