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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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a relative of mine who is 18 has been taken to court by her

Customer Question

a relative of mine who is 18 has been taken to court by her mother and asked for a non molestaqtion order with power of arrest. She says she has been harassed and threatened by her daughter. Her daughter wants to defend herself as it is not true but she was only issued with the order only on 5th April. She has been told that she cannot get legal aid and is representing herself. She has written to court that she wants her key worker there with her and also she has supporting statements on her defence. The court officials has told her it is too late. No one advised her otherwise. How can she get these statements to the judge before the family court hearing?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What has her mother said she has done?
Does she beed to have any contact with her mother at all?
Clare
Customer: replied 2 years ago.

Hi Clare

Her mother made an application without notice for Non Molestation Order with Power of Arrest with the Lambeth County Court. Because she says she is truly in fear that should the Respondent Leah Vinet find out re this action Leah will subject her mother and her two sisters to further incidents of harassment, threats and intimidation and she believes Leah will evade service of any court documents. Then she goes on to say that she has been abused, hit and had her hair pulled by her daughter. That Leah has been screaming down the phone abuse at them. It goes on with many other lies. Leah was brought up by her granny as her mother had a drug and alcohol dependency. At 9 years of age her granny collapsed and died of a brain tumour. The child did not want to go to live with her mother as she had never had any bonding and had witnessed extreme violence and abuse on her granny by her mother. She did have the chance to go and live with an Auntie but the mother put a stop to that. In the years that have prevailed the relationship has been very violent and abusive. Leah was thrown out of her home at 16. She is now in a mother and baby unit where she is renewing her life and going to college. There have been incidents where things have be said on facebook to her or viz versa. This order was given to Leah on the 5th of April to appear in court on the 22nd April. She has gone as I stated before to different places asking for legal advice but has not been able to get it. She has decided to be litigant in person but she has character references that she wishes the judge to read before the case. I was asking how can we get these documents to the judge before the court case? Also to make him or her aware that she wishes to defend herself and refute the accusations made by her mother.

Customer: replied 2 years ago.

she does not have to have any contact with her mother. What she doesn't need is a criminal record when she is just starting in life and trying her best to get on

Expert:  Clare replied 2 years ago.
Hi
This is not a Criminal matter it is a Civil one.
However at the hearing all she need sto do is offer her Undertaking (promise) to the court that she will not contact her mother in the future and this is likely to be accepted.
This would mean that the actual order will be lifted.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

no one has answered my question in relation how does one get documents in one's defence to the judge so near the date. As I said before no one advised her of the procedure. Can one write a cover note and enclosures and sent it to the judge in question before the case is heard at such a late stage?

Customer: replied 2 years ago.

no one has answered my question in relation how does one get documents in one's defence to the judge so near the date. As I said before no one advised her of the procedure. Can one write a cover note and enclosures and sent it to the judge in question before the case is heard at such a late stage?

Expert:  Clare replied 2 years ago.
Hi
My apologies - you are correct and I did not refer to it.
The Order that has been made is temporary.
Your relative will have a chance to present her side of the story at the hearing next week.
If she would feel more comfortable handing in a written statement then she may do so
At the hearing she can say that she is willing to give a solemn promise to the court not to contact her mother and ask for the Order to be lifted.
There is a good chance that the court will agree to this
Clare
Expert:  Clare replied 2 years ago.
Hi
I am sorry that you feel that my service was poor meaning that I get no credit for my time and which is not necessary for and does not trigger a refund.
I am not sure what further information would assist you - please ask for any specific information that you need.
All her defence can be included in a written statement - set out like the one filed by her mother - and can refer to any documents she wishes to use as Exhibits to the statement
Clare
Clare and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Now you have answered to the information I need
Expert:  Clare replied 2 years ago.
Hi
I am sorry it took me too long to sort it out
Clare