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SASH_Law, Lawyer
Category: Law
Satisfied Customers: 3287
Experience:  LLB (Hons)
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Upon my application a non molestaTion order was granted ex

Customer Question

Upon my application a non molestaTion order was granted ex parte on Sept 14. I had provided medical evidences in the form of NHS records, letter from my GP. Yet, when my ex partner arrived for the 2nd hearing with a barrister, judge Robin Tolson decided to dismiss the order with an undertaking. I understand barristers can show up in the 11th hour, but the position statement that the barrister had submitted yo the court was emailed to me after the proceedings began. I found out after the hearing judge Tolson’s stance on domestic violence has been criticised by his colleagues as well as in the parliament. Is there i can appeal the judge’s decision or reapply for a non molestation order ? Thank You, Rini.
JA: Where are you? It matters because laws vary by location.
Customer: Cambridge, UK
JA: What steps have you taken so far?
Customer: It is in the message There is a criminal investigation against my ex partner
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 10 days ago.
Category: Law
Expert:  SASH_Law replied 10 days ago.

Good afternoon to you, I'm Lea and I am going to assist you today.

Did you agree to the undertaking?

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Customer: replied 10 days ago.
After stating his decision the judge asked me if wanted to say anything. I expressed my concern of dismissing the non molestation order and how he had threatened to kill me in the past. With a criminal case pending where he is likely to be charged , i fear his rage and its consequences. He dies not know i have released the evidence to the police and signed the statement.
After the hearing, the barrister representing my ex partner has sent me s draft order before sending to the judge for review. I have not yet agreed to that, nor the undertaking.
Expert:  SASH_Law replied 10 days ago.

The order has already been made - the drafting of the order is just to save the judge some time, so whether you agree to it or not, the barrister will send their own version along to the court and it will be sealed and sent out - dismissing the NMO and putting the undertaking in its place.

But try not to worry too much - an undertaking is a promise to the court not to do the things you wanted the NMO to stop him doing. In reality what it means is that there is an extra step that you need to take if he breaches it. You will need to apply to the court for enforcement if he breaches it to get a warrant for arrest (an NMO automatically has a warrant for arrest attached to it).

You can still call the police if he breaches it, but it will be up to them whether to act or not, though it appears from what you say they are already investigating, so I would expect if he did breach his undertaking the police would in fact arrest him.

If you don't agree with the court order and you think that the judge made an error in fact or law in dismissing the NMO in favour of an undertaking, then you may have grounds to appeal the order. But all appeals have to be based on an error of fact (judge didn't or did take something into consideration) or an error of law (judge applied the wrong law). If you want to appeal, I suggest you see a solicitor.