Defending against a Non-Molestation Order application with no evidence of molestation

A Non-Molestation Order was made on a without notice basis. The applicant sought to rely on historic events and allegations with no evidence to support her claims. It was the respondent’s position that the Non-Molestation Order was sought to prevent him accessing the jointly owned property for the applicants benefit in ongoing civil proceedings. The test for a Non-Molestation Order had not been met and the Non-Molestation Order was discharged following my arguments.