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james bruce
james bruce, Solicitor-advocate
Category: Family Law
Satisfied Customers: 4755
Experience:  Owner at James Bruce Solicitors
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L, I submitted a non molestation order, a preliminary

Customer Question

L
JA: What steps have been taken? Have any papers been filed in family court?
Customer: I submitted a non molestation order, a preliminary hearing took place ,
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: An undertaking was agreed to and a date for a 2nd hearing
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: But the hearing did not go ahead snd I don't know why. The defendant is now trying
Submitted: 15 days ago.
Category: Family Law
Expert:  james bruce replied 15 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Customer: replied 15 days ago.
Thank you. The defendant is telling me the case was thrown out and his undertaking discharged. I did not receive any letters confirming this and my solicitor did not know. She is telling me the defendant did not submitt any response to my aoplication.
Customer: replied 15 days ago.
Should I have been notified if my case was dismissed? Why was I not notified and can undertakings or cases be dismissed when the defendant does not respond to the order?
Expert:  james bruce replied 15 days ago.

Thank you for that additional information, that will be helpfull in allowing me to advise you today.

As you have a solicitor instructed in this matter, you really should contact them to look into what has happed.

Normally if a defendant fails to to respond, the order would be made by the court in favour of the applicant.

I cannot say why the hearing dod dot the place, that would simply be a guess that does not help you. Only the court will know the reason.

Therefore either contact your solicitor and have them chase the matter, or make contact with the court dealing with the matter yourself to see what has happened and if a new date has been set.

It is possible the defendant is not telling you the truth and simply the judge was not available. It can be as simple as that.

Expert:  james bruce replied 15 days ago.

Can I assist or clarify anything further?

Expert:  james bruce replied 15 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 15 days ago.
Thank you. Can undertakings be 'discharged'? And would the court notify the applicant if that was the case?
Expert:  james bruce replied 15 days ago.

If the defendant wanted to cancel the undertaking it would have to go via the court and you should be informed.

Again chase your solicitor.