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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 5266
Experience:  Barrister at law
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I have a question regarding a non molestation order? London,

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I have a question regarding a non molestation order?
JA: Where are you? It matters because laws vary by location.
Customer: London
JA: What steps have you taken so far?
Customer: Someone has sought one against my partner based on a false statement claiming we are harrassing her. It is clear something is happening to her but it is not us so I would like to know what we can do to protect ourselves from further accusation.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: He had a court date yesterday but was late and missed the case so we are waiting to hear the outcome.

Hello, my name is Peter and I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

I'm just reviewing your question.

If he missed the court date, the likelihood is that the order will have been made in his absence.

If there is no merit to the order/ application, he needs to apply to have this discharged, but bear in mind the court will be less than impressed that he missed the hearing.

What is the conduct that is alleged?

Customer: replied 17 days ago.
She has been receiving anonymous letters from someone accusing her of sleeping around and threatening to expose her to her family and friends. She is claiming that my partner has been making me write these letters to her and that she is in fear for her safety.

But there is no evidence that the letters have indeed come from you?

Customer: replied 17 days ago.
She has previously accused us of harrassment to the police who closed the case based on lack of evidence.
Customer: replied 17 days ago.
No none at all
Customer: replied 17 days ago.
That was before she started getting these letters apparently

Then it is very likely that this will be overturned once your partner has chance to make representations to the court, if indeed the judge did make the order yesterday.

The form to apply to overturn is the fl403 - see here:

https://www.gov.uk/government/publications/form-fl403-application-to-vary-extend-or-discharge-an-order-in-existing-proceedings

Can I assist you further today?

plclegal and other Law Specialists are ready to help you
Customer: replied 17 days ago.
Thank you. In the meantime what can we do if she continues to accusing him of this?
Customer: replied 17 days ago.
Say she contacts him before he has a chance to apply for the order to be overturned, if there is a case to answer to.

I would suggest lodging a harassment complaint yourself with the police.

I hope that this has helped resolve your query.

If so, please take a second to rate my response with 5 stars as this will credit me for my time.

Thanks and do let me know if you have further questions, follow ups are part of the service, even if you have already taken the time to rate for me.

Kind regards,

Peter

 

Hello - I didn't hear from you.

Can I assist you further with your question?

 

Kind regards,

Peter

 

Hello - I didn't hear from you.

Can I assist you further with your question?

Kind regards,

Peter

Hello - I didn't hear from you.

Can I assist you further with your question?

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (top right of your screen) I'll be credited for my time spent responding to your question.

Kind regards,

Peter