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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?
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Is there a hearing listed for either the CAO or the NMO?
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If you answer my queries, we can continue here.
I asked if a hearing had been listed for either matter?
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?
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?
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.
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