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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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i have a non molistation order against me which i have adheared

Resolved Question:

i have a non molistation order against me which i have adheared to, but my accuser came in to my place of work and took her new boyfriend with her and he assulted me what rights do i have regarding this order
Submitted: 3 years ago.
Category: Law
Expert:  Max Lowry replied 3 years ago.

Max Lowry :

Hi, welcome to the site. My name is XXXXX XXXXX I will help you with your question.

Max Lowry :

Does the order require you to keep away from her or does it require you both to stay away from each other? It's usually just the former, but I need to check.

Customer:

i just want to say everything in the order is lies and i have proof, i must keep away wich i have done until see came into my work

Max Lowry :

I have no doubt that the order was not intended to make you responsible if she came into your work place. She shouldn't do that as it's only bound to cause problems and it makes her out to be mischevious since the eholw point of the order is requiring her to stay away and she then comes to your work!

Max Lowry :

Do you have a solicitor instructed?

Customer:

EHOLW ? but was she not trespassing? yes i have a solicitor but he knows nothing of this situation because of the bank holiday i am just wondering how this will affect her credibility in court as she has made some very serious accusations

Max Lowry :

It will make her credibility bad. There was no reason for her to antagonise the situation and if the employer asked her to leave then she would be trespassing, yes. It will make her look very poor indeed. You should make a note of when she came, what she said and who was present. You may need these details later.

Customer:

i was assaulted by her new boyfriend who came into my work aswell the police were called and we have video evedence, could the order be thrown out of court because of what she has done as i have proof of her lies

Max Lowry :

Yes, it could be. Especially once the judge sees her and her partner provoking you. An injunction (or non-molestation order) is always in the court's discretion. It wont like being taken for a fool, and having given an injunction to the actual person that is the antagonist!

Max Lowry :

I can't see a court being impressed with her and her partner at all here.

Customer:

just very worried about all her lies but i have proof of them just needed advice on how bad things could get for her regarding this

Max Lowry :

She could lose her case completely if this is about showing that you're the bad one, when you're obviously not. It could mean she ends up paying all the costs of the litigation too.

Customer:

could she get sent to prison

Max Lowry :

That's not likely if I'm honest, but in theory, it is possible because she may be found to have lied to the court which may mean she has committed contempt. The civil courts do not send peope to prison very often though, but your solicitor will probably exploit the possiblity that she could be, perhaps to force a settlement in your terms.

Customer:

ok thank you for your help i feel a little better knowing thing have started to swing in my favour

Max Lowry :

Good, I'm pleased this has helped reassure you. Do make notes of everything though and pass them on to your solicitor when he returns next week. The sooner you make the notes, the better, as this will be a factor about your "recollection" of things when it comes to court.

Max Lowry :

Is there anything else that I can clarify for you?

Customer:

if you were my scolisitor what would you advise me to do as she has told some pretty horrific lies and i want her to pay the price of these lies, do i have a good case, what are my chances of this being thrown out

Max Lowry :

What I've mentioned above, keep the notes, then make sure you use them later on. I can't say what your chances overall are, because they depend on all the other facts in the case, and I don't know those, and it depends on her side of the story too. I can say that what she has done is very foolish and will not help her one bit though.

Customer:

ok thanks

Max Lowry :

Thank you.

Max Lowry :

Please remember to rate the answer for me to leave the chat mode. Thanks again and good luck.

Max Lowry :

Is this okay? Are you happy with everthing?

Max Lowry :

Are you available?

Customer:

yes thanks

Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience: LLB, 10 years post qualification experience
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