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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am male currently getting divorced. I live in the FMH with

Customer Question

Hi I am male currently getting divorced . I live in the FMH with my children. No domestic violence, until my STBX wife assaulted me in March, admitted it and was convicted of Assault by beating in June. We have had no contact since then whatsoever.
I was sitting with friends the other day and she came into the vicinity and I couldn't help but give her a mouthful...(No threats just what I thought of her ) .
I am concerned that she can now try and obtain some order against me eg a Non Molestation order or similar ?
If so how do I defend myself ?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. At the moment there is nothing that you would be able to do regarding her pursuing any orders against you. However, for her to obtain a non-molestation order against you she would need to show the court that there is an imminent risk from you towards her. Generally these applications should only be pursued on an urgent and without notice basis if there is an immediate risk. On the basis of just one argument you have stated and you making no threats, she would have no merit in pursuing an application for a non-molestation order. If she does pursue and obtain one, you should be served with this and if there is no automatic return date to court (this should be within 14 days but sometimes the court do not set a date), then you would be able to apply to vary or discharge the order upon a certain amount of notice (usually 48 hours).

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.