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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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Non Mol Order - activated but not fairly

Customer Question

Non Molestation Order 'Talking with your wife about the Divorce' My wife managed to get this non molestation order based on the above, we were living in the same Marital home together without incident until Friday night when I caught her recording covertly a conversation of mine on her phone. When she went out, I took the phone (which belongs to me and is on my Contract) and deleted the recording. The recording was not about the Divorce or anything related to the non Mol. She then said she was calling the Police with a triumphal 'Bad Luck' and walked outside to do it. I jumped in my Car and left the family home immediately and at present am staying with a friend. What happens next? I mean she is lying and therefore could claim anything to the Police, although the Non Mol only requires her to say I was talking about the Divorce. It's crazy. I have spoken to her now and she confirmed that she did call the Police so although we still don't know what she claimed, clearly she did invoke the Non Mol! Now what do I have to do? Should I hand myself in? Do I stay clear and wait for a Magistrate to be available? How does it work and am I going to get 'banged up' regardless until I see a Magistrate?

Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When was the actual Order made and when is the next hearing date?
Customer: replied 4 years ago.

Order made on the 27th January. Modified by the Judge on the 6th February. Hearing on this and other matters on the 13th

Expert:  Clare replied 4 years ago.
is there a Penal Notice attached to the Order?
Customer: replied 4 years ago.

Not sure what you mean - it's a Non Molestation order and if you 'break it' or in this case a deranged wife chooses to say you broke it, then you go straight to a Police cell and then to a nice Magistrate I believe

Expert:  Clare replied 4 years ago.
No that is not correct.
Do you have a copy of the Order with you?