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marcusmalin
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About non molestation orders I have sought to protect me,

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About non molestation orders I have sought to protect me
JA: Where are you? It matters because laws vary by location.
Customer: London UK
JA: What steps have you taken so far?
Customer: Hired a solicitor who submitted a request on my behalf then had a hearing.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: yes. My abusive wife submitted a statement in return, full of vicious, dishonest and serious allegations against me. My lawyers strongly advised me to accept their offer of undertaking not giving me enough time to consider as this was only 30 minutes before the hearing. Then the abuser’s (respondent’s) barrister insisted on filing a witness statement and I am dissatisfied with the legal representation I had. I want to know if I may independently submit further information and witness statements to the Court directly for their repository now that apparently the matter was agreed and I am frankly in the dark as to what is really going on. I have reason to be concerned because of the vicious and underhand manner in which my abuser and her counsel are acting and the apparent ineptitude and disinterest of my lawyers. My abusive ex partner frequently threatened to frame me since first being arrested for assault almost six years ago. She is now on bail pending the CPS decision until 20 May.
Customer: replied 17 days ago.
I have been assaulted on Easter Sunday 4 April 2021 following the full day or sexually motivated abuse. It was about me not performing certain requests and in the end I was hit in the face with a glass just under the left eye. Blood was gushing etc and my abuser said I deserved it because I had relationships before her. Cynically, all the serious wrongs she thrust upon me for years she now misrepresented as mine, submitting such claim through her counsel and I want to submit my own experience of being victim of abuse and her sinister nature in context. I feel that the lawyers representing me have not followed my requests properly and not enough was stated in my statement. Is this now over, or will the Court accept additional facts stated by me including a set of possible witness statements.

Hello, my name is Marcus.

Sadly it would be tricky to revisit the matter.

It is not unusual for undertakings to be given.

If you are dissatisfied you could make a complaint about your solicitor.

On a personal note I prefer undertakings to NMO due to enforcement.

If a NMO is breached they are arrested and go before the magistrates court where more often it is a slap on the wrists.

If they breach an undertaking you apply back to the court and the matter is dealt with by a circuit judge who in my experience will be alot tougher.

So given the choice on breach I would prefer they were taken before a senior circuit judge than the magistrates.

Thank you.

Customer: replied 17 days ago.
in your view the undertaking is better as the Senior Circuit judge's decision has more weight? But I also read that the undertaking does not oblige her to agree she did me any harm. Whilst in the meantime a nasty untruthful statement is being filed in the family court - how can this potentially harm me in the future as there must have been a reason they did it and what bearing this may have on the criminal case being hopefully brought against this dangerous individual?
Customer: replied 17 days ago.
She is alleging that I am the abuser and she is smearing me in every way imaginable. This is why I want to go back to the court and present a full account of things that my solicitors did not do.
Customer: replied 17 days ago.
Thanks for your advice Marcus.

Hello,

Sadly undertakings are without fault.

The only way to obtain a finding would have to had a contested hearing - something the court try and avoid if they can.

The court are busy and would prefer to avoid using a day of court time of who did what when there is an alternative of any undertaking that provides you with protection being the ultimate objective.

I appreciate you want her blamed but as I say you have secured protection so it would be difficult to persuade the court to spend time and costs of trying just to secure an order blaming her.

Thank you.

Marcus

Customer: replied 16 days ago.
Many thanks Marcus. It was not even a matter of blaming her, for that purpose there are other instances dealing with the assault and an investigation is under way. I merely wanted my account of things logged so that the paper trail includes it too.I understand that courts are overwhelmed with cases and DV has increased over the lockdowns plus it is practice to avoid such exchanges.Your advice is appreciated.Kind regards.Milan

You are most welcome Milan.

Incidentally what court is your matter before...

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