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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1084
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have been given a non molestation order by my ex

Customer Question

Hello,I have been given a non molestation order by my ex partner. I have been charged with common of assault and the Newton hearing is in a months time but few weeks ago I received the non molestation order and her statement is pure lies. I have been told that I can attend court tomorrow to contest but is it worth me going? I do not want contact with her but I do want to be able to see my child.
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you today. Please may I ask: - is your child included on the non molestation order or does it just state your ex partner?- how old is your child?- are you currently having contact with your child? if, not when was the last contact? Kind Regards Caroline
Customer: replied 1 year ago.
The child is 18 months old. last time I saw my child was when I was arrested. I currently have No contact with ex partner or the child.
The order states that I am forbidden to threatened the child, ask anyone else to do, intimidate the child, contact by email text or call unless agreed with applicant or by court order. I have never used any kind of violence against the child or partner. In fact I was taking care of the child from birth to the moment we broke up. I do not have any previous convictions, never been arrested.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for clarifying that for me. If you do not attend at court tomorrow then the non molestation order will likely be finalised in your absence. You will be personally served with a copy of the final order and there are criminal consequences for any breach. If you do not intend to break any of the terms of the order then there will be no criminal consequences. You could choose to attend at court tomorrow. You could seek to contest the non molestation order. If you did this then the case would be listed for a further contested hearing. Police disclosure would likely be obtained in advance along with any additional evidence. The Judge would then hear evidence and decide on the balance of probabilities (50/50) who was more believable and the make an order accordingly. Please note that if you took this approach and the Judge decided that you did do some of the things that your ex is alleging he could make a finding that this had happened. If findings were made then this could cause future difficulties in respect of spending time with your child. I suggest that in your circumstances you attend at court tomorrow and try and achieve 2 things: 1) Explain that you deny the allegations being made by you ex. Ask for this to be recorded on the court order. Explain that even though you do not agree with your ex's grounds for an order - explain that you mean to cause your ex no harm at all - that you are choosing not to contest the proceedings. You could say that on this basis you will not contest the order being made - as long as it is recorded that the allegations are completely denied by you. You could also offer the court an Undertaking rather than a Non Molestation Order. This would mean that you would still not do anything to breach any of the conditions. As a Undertaking is a promise to the court rather than an order with power of arrest attached like an NMO - a breach would mean that your ex would have to return matters to the family court if she though there was a breach rather having the ability for the police to arrest you for an alleged breach. It may well be that the court wont accept an undertaking but its worth a try. 2) Ask for your childs name to be removed from the NMO. Explain that you have never caused your child any harm at all. Explain that you were the main carer and that you intend to apply to court to be able to spend time with your child. It is practice in my area that Judges will only include children on a NMO if they have some evidence that the child is at direct risk. If this is not the position - explain that you will agree the mother but not the child. In respect of spending time with your child - the court wont be able to deal with the matter tomorrow as it has not be listed to do so. You should refer to a Mediation service local to you - this is required before you can apply to court. The mediator will sign the form you need to make an application to the court to spend time with your child - if matters cant be agreed. Please do not hesitate to ask if I can clarify anything for you. Kind Regards ***** ***** kindly remember to star rate my service so that I receive credit for helping you today
Customer: replied 1 year ago.
Thank you for your help. The hearing tomorrow is for mention (5minutea). What happens on mention hearings? Will I have to defend myself tomorrow or will they set another hearing to give me time to prepare?
Expert:  ukfamilysolicitor replied 1 year ago.
is it part of another hearing? for something else?
Customer: replied 1 year ago.
It says the application for a Non molestation order is listed before -- on 19.2 @ 9am for mention (time estimate 5 minutes).. Then has the paragraph on attached.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for that. Different areas list these types of cases a bit differently in respect of the return hearings. Sometimes a return hearing isn't even listed and if you want to contest you have to apply back to the court. The principle remains the same and you should still attend at court tomorrow. The court will likley list the matter for a further hearing with your ex present to decide the issues about whether it will accept an undertaking and if your child should be removed from any order. In any event - if you dint attend tomorrow - the order would likely be finalised by the court in its current form. Kind Regards ***** ***** is gratefully received
Expert:  ukfamilysolicitor replied 1 year ago.
Please kindly remember to rate positively so that we receive credit for helping you today. Your question remains open when you leave positive feedback and I can answer your follow up questions for free. Thank you.
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Customer: replied 1 year ago.
Sorry to bother again but this is my
Last question. I have pleaded guilty to pushing and already been charged so i cant deny all allegations, can I say I deny some of the allegations? thank you again.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Bless - you are not bothering me! Yes you can. If you have already pleaded guilty to pushing - then its best to accept that - but that doesnt mean that you should accept everything else. This still doesnt mean that you have to contest - you can still ask for a recording - that everything else is denied and this still allows you to argue that your child doesnt need to be included. Let me know how you get on. Kind Regards Caroline