How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask SASH_Law Your Own Question
SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 2790
Experience:  LLB (Hons)
96947008
Type Your Law Question Here...
SASH_Law is online now

I have left an abusive partnership and was going to go to

This answer was rated:

I have left an abusive partnership and was going to go to court for a non molestation order. However my ex has now agreed to an undertaking not to abuse me etc. but her lawyer has said that the undertakings will need to be signed at court so the hearing will have to go ahead. I thought that the whole purpose of the undertakings was so that it avoided going to court ?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I was granted a non mol order for one month which she contested so I had to provide a scott schedule - i did this and it is due to be heard on 10 feb - I dont really want to have to take my ex to court as i just want to stop the harrasment. Her solicitor suggested cross undertakings but as i had not harrassed or violated her that was not applicable - so I asked her to make an undertaking. she agreed but now her solicitor is saying that the undertakings will need to be signed at court so the hearing will have to go ahead ?
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: ok - i didnt realise i was talking to a robot
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

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

How can I assist you with this today?

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 7 months ago.
My ex partner is going to provide an undertaking to the court in response to a non mol order. I was given to undertand that this is less stressful than going through court and undertood that they would just sign a document and agree not to molest/harrass. but the email that i got from her solicitor said the following:
"Please find a copy of draft undertakings - the undertakings will need to be signed at court so the hearing will have to go ahead. Pls confirm that you are in agreement with the content of the undertakings as i will need to put the court on notice that the listing will be used to deal with the issue of undertakings"Do I therefore have to attend court ?
Customer: replied 7 months ago.
also - please note that I am a litigant in person.

Yes, you do need to attend court as a litigant in person - if you had a solicitor acting for you, and the undertaking was all agreed, there would be less need for you to attend.

An undertaking has to be given to the court - it is a promise to the court, by the person accused, without them making any admittances to your accusations, and without the court making any findings, that they will not do the things you have applied for them not to do. This promise has to be made in front of a judge and signed by the person accused.

It is a much easier process than a non molestation order that is objected to, as that will likely require a fact finding hearing to find out who is telling the truth.

Does that clarify?

SASH_Law and 5 other Law Specialists are ready to help you