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SASH_Law, Lawyer
Category: Law
Satisfied Customers: 2806
Experience:  LLB (Hons)
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My Nephew has split up with his (now ex) partner over 1 year

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Hi, my Nephew has split up with his (now ex) partner over 1 year ago. Long story short, she had him arrested at work and tried to have him done for coercive and controlling behaviour because their relationship had broke down but the house they had bought together she didn’t want to sell or give up. He proved his innocence in court after paying over £3000 in solicitors fees whilst she got legal aid. This whole time he hasn’t been able to see his son and now he has just paid off those solicitors fees and sorted that case he has just started the ball rolling over the custody case as once again she gets legal aid but he has to pay for it. However he has just got home to a letter saying that she is trying to now get him done for molestation order and he has to go back to court!! What can we do? She is just grinding him down with finances and is trying to make it so it takes longer for him to get to the custody battle. It seems so unfair that she is ringing him up at weekends when drunk (which we have evidence of) but then gets to accuse him of these things and he has to pay £3k every time!?
Assistant: What confuses you?
Customer: As above, what can we do?
Assistant: What steps have been taken? Have any papers been filed in family court?
Customer: Yes and she has just turned down mediation.
Assistant: Have they talked to a lawyer about this yet?
Customer: Yes he had a lawyer for the coercive and controlling charge & like I said he went to Court and was found not guilty.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: He now has a different lawyer to sort the custody case out.

Hi, I'm Lea and I have reviewed your query.

Has the non molestation order (NMO) been applied for within the application for a child arrangements order, or as separate proceedings?

Customer: replied 10 months ago.
No idea I’m guessing separately. What’s would be the difference?

I am not available to call.

I will assist you online.

Is there a hearing listed for either the CAO or the NMO?

Customer: replied 10 months ago.
Does that mean I’ve just been charged £44 for a call that I haven’t received?

Customer services will arrange a refund if you don't receive a call.

If you answer my queries, we can continue here.

Customer: replied 10 months ago.
Ok. So I don’t know wether it is with the child custody or seperate. What would be the difference?
Customer: replied 10 months ago.
You still there?

I asked if a hearing had been listed for either matter?

Customer: replied 10 months ago.
Sorry didn’t get that message?
Customer: replied 10 months ago.
just received a letter today saying the hearing is on Friday?
Customer: replied 10 months ago.
For the NMO

No problem, is there a hearing listed?

I am just trying to figure out the timeline of events and what is happening next so that I can give you some guidance on what to do.

Sorry, I think the system is being very slow today as our posts are crossing.

As the NMO is first, you need to deal with that aspect first. Has he received her statement and application form?

Customer: replied 10 months ago.
I know this but I’m asking how is this possible when he has been to court and dealt with this already. How is this legal that she can do this and he has to just keep paying?! No wonder men commit suicide with the law all being one sided. He works and so is not eligible for help but who can afford £3000 every six months to keep going to court about the same thing?

The family court and the criminal court are two separate entities.

In order to prove the case in a criminal court, the burden of proof is 'certain as to be sure' (used to be 'beyond a reasonable doubt' - means the same thing but the terminology changed). As such, the court has to be convinced that he did what she said she did. They did not find him guilty as they did not think there was sufficient proof.

In a civil court (family court) the burden of proof is more likely than not, which is a balance that could be as little as 51% to 49%. For example, if he had been found guilty in criminal court, she would succeed in getting an NMO in civil court. This is not definite now that he has not been found guilty - but the civil court still could be persuaded one way or the other.

She gets legal aid due to the allegations of abuse - however, you state they own a house, so she still has to meet the financial criteria, which means she may be paying a contribution for her legal fees. It is unfortunate that legal aid is not available anymore for both parties, but that is the way of the system at present.

Does that clarify?

Customer: replied 10 months ago.
thank you. So can I ask, does he now have to prove his innocence in civil court with the same evidence?

He can certainly use the evidence which helped him be found not guilty in criminal court in the civil court. He doesn't have to prove his innocence, she has to prove he has done what she said.

Please accept and rate positively using the five stars at the top of your page as that is how I am paid for my time. Thank you.

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