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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience:  Over 5 years in practice
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I took out a non molestation order against my husband which

Customer Question

I took out a non molestation order against my husband which was the biggest mistake of my life. I felt I was on a hamster wheel after an incident at home through my husband drinking whiskey, he is allergic to whiskey. The police were called, when in hindsight it should have been a doctor called, he received simple caution has since sought help and everything is fine between us. We have sold our house (subject to contract) a house he has lived in for 44 years, he is renting a flat and when the house is completed I will be moving in, please can you advise how to get this order removed, it is very harsh, I am 70 and my husband 73.
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.
Is this the first time you have done this?
Customer: replied 11 months ago.
Yes
Expert:  Jo C. replied 11 months ago.
Do you mean a non molestation order from the family court?
Customer: replied 11 months ago.
It is our second marriage and family problems have caused us problems, we want to get on with what we have got left of our lives and get all of this behind us. It is something that got our of control and it seems was taken over by victim support and the police, my husband was given a simple caution and when reading the charge sheet it included beating me, I did not have a mark on my body and did not see this charge until 3 weeks after the incident.
Customer: replied 11 months ago.
My husband hit me with cushions my son and daughter arrived and my son goaded my husband, this made matters worst, my husband was cautioned about beating my son, he did not touch him.
Expert:  Jo C. replied 11 months ago.
Ok. So is this a non molestation order of the family court?
Customer: replied 11 months ago.
I have no more to add. Only that this is making myself and my husband ill with stress.
Customer: replied 11 months ago.
Yes it is a non molesation of the Family Court
Customer: replied 11 months ago.
Sorry I meant non molestation order of the family court
Customer: replied 11 months ago.
Please can you help us
Expert:  Jo C. replied 11 months ago.
Ok. When was it granted?
Customer: replied 11 months ago.
February 21st 2016
Customer: replied 11 months ago.
Sorry meant February 19th 2016
Customer: replied 11 months ago.
please can you help us
Customer: replied 11 months ago.
I lost the connection on my pc
Expert:  Jo C. replied 11 months ago.
You can always apply for the removal of a non molestation order.Generally the starting point is that it will not be allowed largely because it is such a waste of public money for people to take out orders and then remove them.However, you can make an application. The Court is going to want to understand what has changed in such a short space of time to make the situation any safer.If you are saying that you gave incorrect information to the court to get the order then that could be very serious I'm afraid.To apply you just return to the issuing court and ask for removal.Can I clarify anything for you?Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 11 months ago.
I feel that this whole incident got out of hand,, the simple caution said that there was a beating I did not have a mark on me and I did not know my husband had been accused of this until 4weeks after the event, we are moving on and want to put this all behind us we are both in our 70,s and never had any dealings like this before.
Expert:  Jo C. replied 11 months ago.
Oh yes, of course it will have done. Domestics are generally a load of nonsense in the UK.But you still have a non molestation order and that needs to be removed.
Customer: replied 11 months ago.
Thank you I will write to the court and hope I can get the order removed.
Expert:  Jo C. replied 11 months ago.
No problem.All the best.

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