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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1166
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I got an non- molesation ex parte served to me on Friday.

Customer Question

Hi,I got an non- molesation ex parte served to me on Friday. However on Friday I was with my ex wife at home discussing general childcare issues. All her allegations were baseless and I can plan to reject all of them in court. However, I'm scared, if she sees that I have contested all the allegations, she could make up a story that on Friday I verbally abused her. My question is can she do this on the day of the hearing? If she does on the day of the hearing, or any future date will I be arrested?
Submitted: 1 month ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 month ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

I can confirm that if one of the conditions of the NMO is that you are not to have any commuincation / contact with your ex wife then you need to be very careful and keep away to protect yourself. Your ex wife could report such an encounter as a breach and it would fall to the police to investigate. You can be imprisoned for upto 5 years for breaching a NMO. If the meeting was before you were served with the papers then although your ex wife could call the police you would likley not be found guilty as you were not aware of the terms at that time.

You can seek to contest the order at the next hearing. If you do the court will list the case for a contested hearing in the future and then will make decisions about whether they consider the alleagations to be true and if the NMO should stay in place.

In reality in your ex then only decides to report your meeting on Friday after you decide to contest then this isnt going to look very credible when the police investigate. These types of order are all or nothing. Your ex cannto choose to allow to meet with you and then seek to rely on the order at other times as this undermines the whole need for an order.

You could also agree to the NMO being in place if you do not intend to breach the same but on the basis of it being recorded in the order that you do not agree to any of the allegations but you do not intend to contest. This is quite common and saves a contested hearing and if you abide by the terms it wont cause you any harm.

If you do ask for a contested hearing the oyu run the risk of the court making decisions that some of your ex's allegations are true. These are known as findings and such findings could effect your future contact with your children.

kind regards

Caroline

Please kindly remember to star rate my answer positively so that credit is received for helping you today. Your question will remain open when you leave positive feedback and I will be able to answer your follow up questions for free for you.

Expert:  ukfamilysolicitor replied 1 month ago.

PS you could also seek to not to contest the order on the basis it is recorded that you are making no admissions and ask the court at the same time to amend the NMO so that communication can take place if it relates to child contact. This is not uncommon.

Kind regards

Caroline

Customer: replied 1 month ago.
Hi thanks for the reply.The items that are forbidden are as follows:
use or threaten violence against the applicant
intimidate or harass or pester the applicantThere is no wording stating that I cannot talk to her. Based on that what would be your advice?Can she make up after the hearing that I harass or pestered her?Thanks,
Expert:  ukfamilysolicitor replied 1 month ago.

Hello

Technically she could as if no one is there as an independant witness then she could say anything she wanted. That being said if she left reporting matters for some time then this isnt going to look good on her. Really if there was something she wanted to report about Friday then she should have called the police on Friday otherwise she isnt going to look honest.

kind regards

Caroline

Positive feedback is gratefully received

ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 1 month ago.
Great. How do I request on my hearing on Tuesday that I would like to take an undertaking?
Expert:  ukfamilysolicitor replied 1 month ago.

Hello.

You can just offer this. It may not be accepted as it means that she can refer to the police but has to go to the court for a breach.

kindest regards

Caroline