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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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Dear Claire. I have a precarious situation. My ex partner

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Dear Claire.
I have a precarious situation. My ex partner (not husband) ex cohabiting. I had a non mol on him based on his behaviour of locking me out of our home. Also had an occupation order. Both until next year. He had wanted to discharge and put both against me. He has three lawyers team which made it available for him to do so.
1 - non molestation. He got mine revoked on basis of that I am bothering him whereas my application also had attached his breaking of non mol twice indirectly. Which was causing me distress financially and harassment by provoking my family in another country. The judge agreed to that he shouldn't have done that in July 2016.
His lawyers were given responsibility to make the bundle and his lawyer (also close reletive) sneakily took off my exhibits. Also due to locking me out I developed a damaged nerve trap in my spine. It says due to trauma on my medical reports but doesn't say "trauma due to sleeping rough" that was judges argument against it. Also that I had evidences in hand on the day of trail but judge refused to take any more evidences.
I have been on morphine based medication due to pain management. And this has caused me dazing, unclear memory and mixing dates. That's gone against me. The judge didn't see that as enough. Then - as soon as the judge went inside for a few mins my ex says to his lawyer "if I can't go to flat for 28 days can I send friends and family?" So his harassment will start again. I raised it with judge, she told him no and not to go alone either. Only eviction with formal basis. However, as soon as judge went in again ....
He started saying "she can't afford cost £30k to pay. What's the jail time maximum? I want her to rot"
"F ing c nt" f ing b tch" that went on. Then he threatens me saying "I will finish you. Distroy you completely. I will ruin your life"
Hearing that I shivered and quickly put on my phone camera. He had my photo on his phone showed it to me and sees it back like an obsessed person. It's some new bullying website he is making to defame me. He then calls me "c nt" which one can hear. Then sings a song with word bitch. Has that intimidating look that he always did and he knows how it messes with me and I cry hysterically.
That's exactly what happened. There were witnesses but they were his lawyers. One who manipulated the directions order - she never given me full police disclosure. Because it will reveal all sadistic things he used to do to me.
She also had given a cost sheet of £50-70k on Friday 5;30 pm when hearing is on Monday. I raised with judge she still given then £30 for me to pay when I. Cannot afford
Now with occupation - I had given letter before action in terms of tolata case and my lawyer dealing with this is on annual leave until 21st oct. the other party proved in just scaring and not intend on having an application. So that's gone too.
Now my reactions did hugely got clouded and so was my words. Due to my medication. Morphine based meds!
The recordings I have also includes his lawyers denying that he said anything to me.
How can someone threaten and verbally abuse me inside a court room? Just because the recordings were switched off? That's as of Tuesday
He also stood outside with his lawyers on Monday outside exist. Only one exist door. And I waited for good 40 mins until he left. He waited to abuse me that's all.
This has instantly induced fear in me to an extent in diagnosed with hyper anxiety and alertness mixed with symptoms of depressions. And kept on anti depressant which I still have to start.
I want to raise -
How does one threaten and abuse someone inside court room and get away?
I want a non mol and revoke his not not on this basis but also what's happened before.
Police reports were missing xonvieniently from bundle so was my exhibits.
I feel it's highly unfair to trial someone high on morphine.
I can't shake my feet and have difficulty coping. It's taken an impact on me. But I also want to know if this is contempt of court and what can I do? He won't leave me. He will harass me until he sees me dead and that's what he wants.
Submitted: 1 month ago.
Category: Law
Expert:  Clare replied 1 month ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first.

Just to check is it his behaviour outside of the courtroom that you are asking about?

Customer: replied 1 month ago.
He started getting person so he was told my judge between cross questioning that "not to pass personal remarks" judge went inside her back room where I hear him say to his lawyer "I can't go near the flat until 8th can I send friends and family" and I overheard and took it up with the judge as soon as she was back. That triggered (the usual control and anyone standing upto him lash out)
I was expecting the judge to come out again but she didn't this time. He starts with talking about taking my dog off me. Then that what's the jail time I will go in for not paying costs. Wtc. Verbal abuse followed by threats "I will finish you. Distroy you. And ruin your life" I started recording and he shows me my own photo on his phone screen that he and my ex husband are conspiring to make. That's where I have video and audio footage from. Him calling me a "c nt" and singing a song of profanity too.
He has had harassment warnings I past but police reports seems to be missing from the bundle. The recording he did perversely between him and I also wasn't handed to me as stated in direction order. I took it up with judge beginning of 2 day trial but she didn't seem too bothered.
My ex husband was brought in inspite of I telling I directions hearing it's causing me upset. They were told not to involve more people. They still did and didn't tell me , I did ask again n again if he is coming or no.They (my ex boyfriend and my ex husband) befriended and made up a story to sound similar in order to strip my charecter. Saying there are similarities to an extent that I just do false cases.
In a nutshell - my ex husband used to sexually do things to turn me off which resulted in my hospital visits under alias name and him being told my practictioners to keep distance when it comes to sex. Also in his fake ally meant of marriage he said we didn't have sex ('marriage was for 4 months, relationship for 2 years) which he failed to mention but agreed. He made a case case against me and had me detained in cell for 10 hours police left me as no charge and listening to everything they said I need restraining order against my husband. He continued to call me everyday for over two months and was in touch with my mother calling her "'mummy" until this year. He agreed to why I have restraining order which also included fraud payments him doing under my bank account a few times. Hence I got it. There was a question "has he done anything of sexual nature which you didn't agree or have been pressured" I said yes. He not only got arrested for breaking non mol but also rape charges which I didn't want and was pressured by my mother not to take further. She wanted us back for years.Now with current last BF. He has been abbusive and he did force himself sexually on me though he thinks it was mutual. Because there was a scare of loosing him again I have in though I did feel sexually forced and used and kept telling him that. I did pretend to be happy at one moment saying things to make him happy but I was unable to feel it. I couldn't shake off that I feel used sexually.
He locked me out of the house because he tried keeping his band on my butt in public and I asked him not to followed with an apology for collecting abuse (psychological a and mental previous month what he did with his family). He got angry and locked me out for 12 nights. I was sleeping in corridor and streets. And a train station.When he locked me out I called police had lock smith to open the door but he came that moment and locksmith had to leave as he is landlord too. But police told me to come again with locksmith once he leaves as everything in flat is mine and he took away his things during bail time. Again with questionnaire they asked if he did anything of sexual nature that I did not want etc I did say I was forced for sex but I give in. They said its "rape" as soon as I heard that I said not to write it down because I don't want any further trouble. Given my past I didn't want to go through it again. That went against me. Police notes as "it seems that I did that as a last resort" but why will I retract if that was a last resort ???? I did that so my ex boyfriend doesn't get in trouble any more.Back to threats and abuse in court room. I also ask his cousin whose his solicitor why was he a abusing me and she denied. Still credible lawyer ? I know she fragmented orders. Didn't give me complete police disclosure that's the recording on my ex boyfriends phone that he did on some visits. And also her cost sheet is £52k? For what?I was induced with fear beyond belief that I still can't stop crying and have flash backs.Incident took place INSIDE THE COURT ROOM. However I was told by clerk of judge "how will u prove it? The recording is off " I am still hoping there is a camera inside and outside the time he takes his phone showing the weblink he and my ex husband are making???
I did beg the clerk I need to see judge but couldn't.
Expert:  Clare replied 1 month ago.

I am sorry I am still not sure what information you are asking for

Customer: replied 1 month ago.
I want the court to refrain from making the new orders as new orders are not sealed.
Based on his abuse and threats inside court room after judgement.
How can I do that?
I want my non mol back and his revoked.Also want to appeal to final hearing. What do I need to do or docs I need to have to do so?
Customer: replied 1 month ago.
Any other charges I could get against him for getting my ex husband as a witness and creating a story to make it look similar?Is he at contempt of court for abusing and threatening me ? Is it under a criminal injury?
Expert:  Clare replied 1 month ago.

Who owns the property that you were living in?

Customer: replied 1 month ago.
He owns the property. He had tenants before. He says its "home" to him and he would want to return. In reality he had it up for rent advert recently. This was never home to him. Nor he plans on returning. He has many other properties.Also, he has taken substantial amount of money from me in cash to pay his mortgage on lies. Made me renovate his property adding value to it. It was a shell.Renovations etc bills are shown on my statement etcWe were ex cohabiting. I was promised this will be our home for life and he will take care for me. I only left my flat and acted on his detriment due to this.With docs wtc I have been told I can have a property present age claim as I have text msgs asking me for all receipts I made cash pay too. Asking me to wire him money through money gram western union. Also we both discussing it's easy I give him cash each month. EtcAlso text saying I have spent all my savings and 15-20k on his flat n I'm not happy. He thanks me for it and says he will work everything out.I paid electricians and other things for flat renovations. Some can be proven through statement from bank.
Customer: replied 1 month ago.
PS I still live here as I don't have enough funds to move out. I need minimum six month rent as I'm unemployed. No access to housing and benefits.
Expert:  Clare replied 1 month ago.

Do you have any children?

Customer: replied 1 month ago.
We don't have any children
Expert:  Clare replied 1 month ago.

Ok

So under the current orders how long do you have?

Customer: replied 1 month ago.
I had orders until next year. But on Tuesday they made it until 8 November. And took off my non molestation order that I had. Given him one infact.
Expert:  Clare replied 1 month ago.

Why have you got no access to housing benefit?

Customer: replied 1 month ago.
Housing benefits has certain amount of money that I got to show per month coming not exceeding more than that. I have tried but it didn't get anywhere. Have another agency called advance working on that.
Customer: replied 1 month ago.
Also I'm not British. My visa doesn't permit it
Expert:  Clare replied 1 month ago.

When is the TOLATA hearing?

Customer: replied 1 month ago.
I have not sent the letter before action. As lawyer dealing with it is on a bus leave. As soon as he comes tolata would be put in as application. They rejected saying I'm just playing around and don't have tolata claim where as a senior barrister said I do have a case
Expert:  Clare replied 1 month ago.

How long have you known that you have to leave the property?

Customer: replied 1 month ago.
Until Tuesday 11yh October my occupation order was until 17 Jan 2017 and non mol till July 2017. That got revoked.
Expert:  Clare replied 1 month ago.

What is your current immigration status?

Customer: replied 1 month ago.
It's indefinate leave to remain. Awaiting my passport to return from home office with that stamp / biometric card
Expert:  Clare replied 1 month ago.

So you will then be able to work?

Customer: replied 1 month ago.
No. Due to my physical condition caused by my ex partner. He locked me out resulting in his negligence ...while we had another case in court for property posession that got dismissed. I developed nerve trap due to sleeping rough ... On corridor and later streets. No one helped. Police didn't intervene because there was a civil dispute. I was harassed by my ex directly and indirectly when this happened
Customer: replied 1 month ago.
Medically on morphine due to this condition. Unable to work
Expert:  Clare replied 1 month ago.

How did you get back into the property?

Customer: replied 1 month ago.
He locked me out on misconduct. We had a case hearing due for him calling me tresspasser. I counter applied for occupation and non mol under ex cohabiting partner fla 1996
Expert:  Clare replied 1 month ago.

When was that?

Customer: replied 1 month ago.
His property posession got dismissed on 6/6/16 and I got my occupation and non mol on 7/6/2016
Expert:  Clare replied 1 month ago.

What steps have you taken since then to secure alternative accommodation?

Customer: replied 1 month ago.
None. I am putting a tolata application and I want to appeal the case. Hence here for legal advice.
Expert:  Clare replied 1 month ago.

You do know that the TOLATA applictaion does NOT give you any right to remain in the property - just the right to a payment?

Customer: replied 1 month ago.
I get that.
However my grounds to appeal are as followsI was on morphine when trial happened. I had no legal rep or support. I was unfit.Perverse of court
My ex got my ex husband to lie and create similar stories.He denied the truth and I hold evidencesThey did not give me full police disclosure that was asked.They only asked for petticoats rather than full disclosure.I have been discredited on basis of being on morphine and not been able to jump on every sentence they say. It's unfair. They were well aware I'm on morphine.My ex has already breached his non molestatiob by threatening and intimidating me in court. I was vulnerableMy evidences were not taken last minute. I can prove my innocence and everything I have in my shed use of allegation.
Expert:  Clare replied 1 month ago.

BUt you have already had from June to October to move out?

Customer: replied 1 month ago.
Does that mean I cannot appeal?
Customer: replied 1 month ago.
Ex breached non molestatoon and stopped my sourcing of funding ie by my dad for two months out of that June to October after that I receive only small amount to live
Expert:  Clare replied 1 month ago.

How did he stop your funding from your father?

Customer: replied 1 month ago.
My calling him in India and slandering me which resulted in my father threatening and harassing me.
Expert:  Clare replied 1 month ago.

I am a little confused - what costs have been order against you and why?

Customer: replied 1 month ago.
163;30k legal fees from other end. Because they won.Why because my ex said my father was a billionaire. Though as of 2016 he is at loss.
Expert:  Clare replied 1 month ago.

Was this for the non molestation order - that seems very high indeed

Customer: replied 1 month ago.
Non mol and occupation. However he only got non mol against me and undertakingThey gave a bill for £70k. And chucked down to 30k. It's just that the solicitor is his sister too. Just trying to take out extra money. I'm taking her to SRA later.Now I just want to know that appealing is the best way forward or revoking his order ? Or both. And how can I do it.
Expert:  Clare replied 1 month ago.

has anything happened since the hearing?

Customer: replied 1 month ago.
His lawyer. (His sister in other words) harassing me by writing me every second day and today I got a indirect warning that I need to not try appeal
Customer: replied 1 month ago.
Asking for immediente pay of £30k or else she will take court action by 25th october
Customer: replied 1 month ago.
What are my grounds of appeal? It's obvious the error on judges part in judgement and that's what needs to be addressed.
Plus offence of manipulating the trial bundle that was solicitor of respondent
Expert:  Clare replied 1 month ago.

What specifically do you believe was an error by the Judge

Customer: replied 1 month ago.
MY EXHIBITS WERE TWKEN OUT from trial bundle that was made by the other party. This bundle had my statements without exhibits as the proof attached which I submitted prior to getting the orders in my favour from court. Based on those exhibits I was granted orders in the first place.So I just need to structure it well that's all. That's why I need your help. Under what section and what law I can state on my appeal letter etc.
Expert:  Clare replied 1 month ago.

Did you not see the Index to bundle before hand?

Are you referring to the Statements that you had already filed at Court?

Customer: replied 1 month ago.
I am referring to the statement already filed to the court. The trial bundle was made acquiring those statements. Exhibits were given to court too. Were shown to respondent and his solicitor by H h j Brasse in August and asked to take it from court office. They did take from court office... But removed the exhibits. No I didn't not see any index

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