Q&As

Where the respondent is forbidden by a non-molestation order from contacting the applicant or instructing others to do so, what can he do to collect items from the former matrimonial home when he has written to the applicant's solicitor but has received no response?

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Produced in partnership with Kirstie Danton of St Ives Chambers
Published on LexisPSL on 19/10/2016

The following Family Q&A produced in partnership with Kirstie Danton of St Ives Chambers provides comprehensive and up to date legal information covering:

  • Where the respondent is forbidden by a non-molestation order from contacting the applicant or instructing others to do so, what can he do to collect items from the former matrimonial home when he has written to the applicant's solicitor but has received no response?

Where the respondent is forbidden by a non-molestation order from contacting the applicant or instructing others to do so, what can he do to collect items from the former matrimonial home when he has written to the applicant's solicitor but has received no response?

There are very limited steps that can be taken to recover belongings when a non-molestation order is in place. Contact of any sort, however reasonable, would be deemed a breach unless the order made provides an exception. Breaches carry criminal sanctions and the respondent would be liable to arrest and prosecution. See Practice Notes: Non-molestation orders and Procedure for an application for a non-molestation order (in particular subsection: Procedure for an application for a

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