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Category: Family Law
Satisfied Customers: 265
Experience:  Expert
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I have a non mol order against me and I don't know what I

Customer Question

I have a non mol order against me and I don't know what I can do. my ex is half my age and is lying about what had gone on
JA: What steps have been taken? Have any papers been filed in family court?
Customer: I received an non mol order and a court date to attend
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: It will be Peterborough in the uk
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My ex sent me a nasty TX about my new girlfriend being very nasty and abusive and then didn't call me on video on the Tuesday and cancelled a visit on Friday I had tried to nip it in the bud as you speak and said I felt like she was using our child as a weapon already. I called her on the Saturday and she said why should I come round you don't deserve to see her so I put the phone down. Because I had family there and felt really upset.after my cousin and aunt left I went to get my prescription from the chemist 200 meters from my house stood in the queue out side for 30 seconds and my ex pulls up to get her methadone prescription I went up to see her and she was acting all strange like she was scared of me and drove off a few times acting all erratic.laater on about 530 /6pm I went and knocked on her ground floor flat I was just asking to talk and sort things out but she's rang the police and said I was aggressive (which i definitely not all in said is "I don't want to go through the court's but I will if I have to") and they have served a harassment and stalking warning. Even though she lives in Peterborough city centre and had driven to whittlesey because she still hasn't changed her address from mine to hers with the doctors which I have asked her to do many times in the past because she hasn't been living here for over a year.
Submitted: 13 days ago.
Category: Family Law
Customer: replied 13 days ago.
My daughter was born on the 14/ April /2021 and we split up 10 days later because of her juvenile attitude our relationship has been full of her lies and deceit...her recovery from heroin addiction and self harming and mental health because she had her kids taken from her By their father because of her drug problem
Expert:  Virtual-mod replied 12 days ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 12 days ago.
Keep going please
Expert:  JeremyT1020 replied 12 days ago.
Good morning and thank you for your question. I'm Jeremy, a solicitor specialising in divorce and separation. I'm sorry to hear about your current woes with your ex but I'd be happy to offer some guidance. Firstly, can you confirm if your daughter is living with you? When was the non-mol ordered? Is there a return hearing date? Thanks, J
Customer: replied 12 days ago.
No she wasn't
Expert:  JeremyT1020 replied 12 days ago.
OK. And when is the return court date? Are you simply looking for advice on how to get the non-mol dropped?
Customer: replied 12 days ago.
Hi thanks for your response the family court date is 27th of may 2021 . yes I need to know what to do know and what I have been accused of to get this order thanks
Expert:  JeremyT1020 replied 11 days ago.

Good evening. I often have a number of personal commitments over the weekend so I may take a little while to get back to you but I'm grateful for your patience. With regard to the non mol return hearing, the court will probably direct you to prepare a statement in response to her statement and give your side of the story. Alternatively, the court may ask you if you're prepared to accept the non-molestation order for 6 months. This could be quite dangerous as non-mols come with a power of arrest which is powerful weapon. From what you're telling me, it sounds like your ex is a bit of an attention-seeking fantasist who would think nothing about calling the police to get you arrested if you so much as sent her a message asking how your daughter was.

If you want to compromise the court hearing, you could offer to give an undertaking which is a promise to the court that you won't harass, intimidate or pester her. An undertaking does not come with a power of arrest. Your ex would have to make an application for committal if she wanted to accuse you of breaching an undertaking. This is very difficult to do as it is a long and complex application and the courts are actively looking for excuses to dismiss all but the most serious.

If your ex refuses to accept an undertaking, the court will direct you to file and serve a statement and list the matter for a final hearing where you and her would have to give evidence under cross-examination. If necessary, you could call witnesses. At the end of the hearing, the judge will decide whether or not to impose the non-molestation upon you for 6 or 12 months. To avoid all this faff, I genuinely recommend you suggest giving undertakings but with the proviso that 'you do not accept the allegations that your ex is making but to compromise the proceedings and concentrate on sorting out contact with your daughter, you are willing to give an undertaking to the court."

I hope that helps. Please let me know if you need any further assistance. Kind regards, J

Customer: replied 11 days ago.
Hi there. thanks for your time, it really is Appreciated in abundance.
When you say witnesses,would I call to prove that she has been like this before and people that have been witness to her aggressive and manic behaviour?
Also do you think personal references about myself would help with this matter too.
Customer: replied 11 days ago.
Thanks again.. Justin
Expert:  JeremyT1020 replied 11 days ago.
Personal references would help. What you normally do at the next hearing is ask the judge to allow you to submit statements from, say, a couple of witnesses who may have witnessed her behaviour.. Also, if you have any short references about yourself, you can attach them to the back of your statement as exhibits. I trust that helps. Good luck. J
Customer: replied 11 days ago.
Hi thanks for your quick reply ,yes it has helped me understand and relax a bit too..
Just another quick one.Would this non mol, stop me from sending gifts addressed to my daughter.. Thanks again justin
Expert:  JeremyT1020 replied 11 days ago.
No. The children act matters and non molestation order should be two separate issues.
Customer: replied 11 days ago.
Sorry her date of birth was Feb 14 . Not April.. Anyway thanks again
Expert:  JeremyT1020 replied 11 days ago.
My pleasure.