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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70507
Experience:  Over 5 years in practice
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I have been charged of molestation order but the

Customer Question

I have been charged for breach of molestation order but the order was an occupation order not a molestation order I have pleaded not guilty but am not sure what I should do now
Can this order be withdrawn even though I've been charged and appeared in court
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Yes, it can.
That will not mean it cannot be prosecuted though. The issue is whether or not there was an order in place and served on you at the time of the incident. It doesn't matter that it was subsequently withdrawn.
But if you are saying the order was wrong then that is a defence.
The only issue though is that occupation orders usually follow non molestation orders.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Yes to my knowledge I have never received a molestation order but did receive an occupation order but my charge sheet say breaching a molestation order
Expert:  Jo C. replied 2 years ago.
It depends whether the act complained of is still prohibited. Of so they can just amend the charge sheet. O
Customer: replied 2 years ago.
the charge is not covered on the occupation order
Expert:  Jo C. replied 2 years ago.
If there is no occupation order then you would have a defence on that basis.