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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35574
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Can a non molastation order be extended after serving a year

Customer Question

Can a non molastation order be extended after serving a year ,without any contact with my ex or children only via a solicitor
Submitted: 10 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.

My name is Clare

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

Could you explain a little more about the position please

Customer: replied 10 months ago.
After a incident at the family home and business that myself and ex partner own together with our two daughters 15 and 17 ,I was arrested on aDV assault charge
1. Arrested 3 June 2017 charged with DV
2. 30th July 2017 a non molastation order was served to me for 12 months
3. DV charge was ajurned on the 10th January 2018
4. DV charge new court date on the 30th April 2018 ( full of lies and she fell over a carpet
5. Had No contact with ex partner and all corespondents via solicitors .
6. The only thing she is saying is that I purchased a completely legal cross bow for personal use to target practise in the garden ,as she is very aware owning and living on a farm I have a interest in shooting and hunting ,and not out of character to buy such a item ,but she is using this as a way to try and say I am a dangerous person ,I bought this item using a joint pay pal account that was registered to our joint email account ,So I did not try to hide the fact I purchased this completely legal item for recreational only purposes ,if I need to I will sell this item and show her proof of sale if this will in any way hinder the renewal of another non molastation order.
7. All I want to do is sell our farm and move on with my life ,Will I be allowed back into my property and our joint owned business (the property has several cottages within the grounds I can live in away from the main family farm house) When the non molastation order expires can she extend it on the facts that I have stated and will it make any difference if I am found guilt or not guilt on the DV charge that start all this.
Expert:  Clare replied 10 months ago.

If you have made it plain that when the Order comes to an end you intend to move back to the grounds then yes there is every chance the Order will be renewed - even if you are found not guilty of the charge of Domestic Violence

The Crossbow is irrelevant

You will, of course, have the chance to defend the allegation

The only way forward will be to move forward with a sale and a division of the matrimonial assets within Divorce proceedings

I am sorry that the news is not better - please ask if you need further details