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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 1155
Experience:  LLB (Hons)
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My friend has been issues with a non molestation order, he

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hello there
JA: Hello. How can I help?
Customer: my friend has been issues with a non molestation order
JA: Where is your friend? It matters because laws vary by location.
Customer: he is due to go to court on friday
JA: What steps has your friend taken so far?
Customer: nothing so far they live in the same house and are married under shariah law but not british law
JA: Anything else you want the Lawyer to know before I connect you?
Customer: there are two children involved my firneds partner has no evidence to support the order but

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

 

I presume a without notice interim order was granted - has your friend had to leave the home?

 

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 8 days ago.
They are living together in the same house

But he has been served with an interim NMO?

 

Did she also apply for an occupation order?

Customer: replied 8 days ago.
Nmo and prohibited steps order for the kids
Customer: replied 8 days ago.
She is basically trying to get him out of the house without having to give his money back to him which is equity in the house

Is the house in joint names?

Customer: replied 8 days ago.
No only in her name

Did he provide money for the house? Can he prove that with bank transfers?

Customer: replied 8 days ago.
Yes
Customer: replied 8 days ago.
He does have proof that he invested money into the property

The two issues are going to be dealt with separately.

 

With regards to the finances he put into the house, he will have a claim against her for that, but if she won't agree, then he may need to instigate legal proceedings...but that is obviously not the most pressing matter at this stage.

 

With regards to the NMO and PSO applications, the court has listed it for a further hearing so that they can hear his response to the allegations she has made to the court.

 

He should prepare a response, point by point, to each of her allegations and where he does not agree he should state clearly that he denies the allegation and provide his version of what occurred. This will help to make things clearer to the court as to what has happened. If she has no evidence to support her allegations, and he has evidence to support she is lying, then the court won't continue the orders.

 

Does that help?

Customer: replied 8 days ago.
Can the kids be bought in and asked in regards to the PSO

How old are they?

Customer: replied 8 days ago.
In court
Customer: replied 8 days ago.
9 & 11
Customer: replied 8 days ago.
She is a detective constable and was able to get him done for Dv in 2014 for which he got community service as there was no evidence. But she decided to get back with him after two years if he was a threat to her and her children why did she get back with him and now because she wants him to leave and she doesn’t want to give him his money she has put the nmo and pso in place again with no evidence as yet

If there is a PSO application before the court, the court will have sent that application to CAFCASS (social workers) who will contact both parents in order to do what is known as a safeguarding letter to the court, which will contain background information on both parents, police checks, social services checks, and contain recommendations to the court as to what the court should do next. It is likely CAFCASS will recommend a s7 welfare report, which involves talking to the children as well. The children are very unlikely to ever appear in court itself.

 

The burden of proof in civil courts is for the accuser - so if she has no evidence, she's not going to be able to persuade anyone. He needs to prepare his statement though as per my answer above.

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

Customer: replied 8 days ago.
Will my friend need to bring evidence of their text and email conversations

Yes, he should.

 

Please kindly remember to rate positively.

Customer: replied 8 days ago.
Yes will do

Can he also mention in court how many days he looks after the kids and how many days she does

I am content to respond to your further query after you have rated positively. Thank you.

SASH_Law and 3 other Law Specialists are ready to help you
Customer: replied 8 days ago.
Also a unmarked car with a police officer and another officer in normal clothing personally delivered the court order is that allowed?

He can certainly mention in court how often he looks after the children - however, since it's not a child arrangements application, the court may not be as interested in that as in the details of the PSO application.

 

Service of the NMO and PSO can be done by whatever means are available - particularly since they are not effective until served.

Customer: replied 8 days ago.
Does this mean the children cannot live with the father?
Customer: replied 8 days ago.
Or does it mean he cannot look after the children?

It means he's not allowed to take the children away from the mother or anyone she puts the children into the care of.

Customer: replied 2 days ago.
Are you able to write a position statement and if so how much would you charge?

I wouldn't be able to write a position statement for you on this site, though you could try posting your query as a new thread as another lawyer may be able to do that for you.