Non Molestation Order !!!!
- Thread starter Mendi
- Start date
- Status
pabloescaban
VIP Member
No the order will not be revoked.
He can't have evidence that he didn't hit her.
If she says he hit her, the order stays in force whether he did or not.
He can't have evidence that he didn't hit her.
If she says he hit her, the order stays in force whether he did or not.
Mendi
Member
She been posting messages to him saying, she regrets what she done and the evidence was sent to court. I was told he can appeal and reading elsewhere, some people have this matter and have appeal and it got revoked. What make's you say this order will stay in place? The judge dealing with this has not listened once to the evidence and etc.
pabloescaban
VIP Member
It will stay in place as long as she wants it to stay in place
Mendi
Member
What to consider when responding to an application for a non-molestation order
When a person makes an application for a non-molestation order, they are entitled to make that application without telling the person, against whom the order is sought, in advance. This is because there are some cases where a person would seek to prevent another from even making the application at all, and so without notice orders are designed to protect against such scenarios. Should the court grant the order, it only becomes effective once the person whom it is made against is made aware of it (typically by personal service, but this is not compulsory). This article is designed to assist those responding to an application, and to provide guidance as to what a person should be considering:
A) When is the next court hearing? It has often been the practice by many courts that a further court hearing, to enable a person responding to an application to put their case forward, would only be set up if that person requests one. Otherwise, the non-molestation order would simply continue in force up until a set date. The recent case of Re W (Minors) [2016] EWHC 2226 shows us that such an approach is incorrect, and the court made clear in that case that a further hearing should be set up within 14 days of the order being made, on a specified date. That approach has now been endorsed by the practice guidance given by Sir James Munby, President of the Family Division (Practice guidance: Family Court – Duration of Ex Parte (Without Notice) Orders). This of course enables a person responding to the application to attend at court and put their case, without the onus being on them to actually request a court date is listed. It is important for a respondent to attend at the next hearing, not only so the court is clear of their position, but also because the court is permitted to make orders even in their absence.
B) What is challenging the order actually going to achieve? Many respondents feel aggrieved when they see that a person (typically an ex-partner) has sought to take out a court order against them on the basis of what they say are vicious lies. With that, many people opt to fight against an order simply because they do not want the applicant to ‘win’, or for their own name to be blackened. However, a respondent should always consider what challenging the order is actually going to gain. If a person opposes the order and succeeds in proving the applicant wrong, it isn’t like you see on the television and everyone is suddenly aware that the ex-partner has now been branded a liar, with the respondent being able to hold their head up high. What it does do is create further animosity between the parties (which can be particularly unhelpful if there are children involved), as well as adding pressures of both time and money. Instead, a respondent can either not oppose the order or agree to undertakings (which is a promise to the court not to do things) on the basis that they do not accept the allegations that have been made against them – this avoids the need for a contest, shows the court you are not simply in it to prove the applicant a liar, and inevitably is only preventing a person from what they should not be doing anyway (i.e. assaulting the applicant).
C) Get early legal advice. Many respondents will tend to attend the hearing, only to tell the Judge that they would like an adjournment to see a legal professional. At that point, the case will end up having a minimum of three hearings before one can see any real progress being made. Owing to legal aid no longer being available as a respondent to these types of applications, it is a worthwhile investment to obtain legal advice, even if that is limited to a conference as to what approach to take at a forthcoming hearing. A legal professional can offer a person invaluable guidance as to how to respond to such applications, and that person will inevitably have a solid insight into the law, as well as an understanding of the particular practices of that court
D) Gather your evidence. If agreeing to an order/undertakings on the basis you do not accept the allegations is not an option, give careful consideration to the evidence that you need to help support your case. The applicant will have their own statement, but may also have witnesses, medical and police evidence – what do you have to rebut their allegations? The court approaches these cases on the understanding that it is for the applicant to prove their case on the balance of probabilities (i.e. 51%) – if you are unable to get any independent evidence to support your case, it is likely that this will make it all the more difficult to successfully oppose the application.
E) Remember to adhere to the terms of the order. Before the court hears your initial position (and possibly after if the case is being listed to entertain a fully contested hearing), then the order will usually remain in place. This will specify terms, typically that you must not contact the applicant/attend at their house etc. It is vital that these terms are adhered to for the life of the order, firstly because it will make an incredibly poor impression on the court if not, but also because breach of an order is a criminal offence and one could therefore find themselves arrested/with a conviction simply for ignoring the order. Courts take these matters very seriously and, irrespective of whether the order is justified, whilst it exists, it must be adhered to.
All in all, non-molestation orders require some careful thought and consideration when responding to them. It is all too easy for people to get caught up in the case because of the emotional attachment between the parties. With some careful thought surrounding the considerations above, it is hoped that this will provide helpful guidance to those who find themselves facing such applications.
Defend the case and ask the court to rule that the allegations are false
You will need to attend court with the applicant where the judge will consider your statement and make a decision. If you are successful, the Order will be discharged. However, if you are unsuccessful, there could be negative effects on any other legal proceedings regarding your children or finances upon divorce/civil partnership dissolution. We will always provide detailed advice about your prospects of success.
When a person makes an application for a non-molestation order, they are entitled to make that application without telling the person, against whom the order is sought, in advance. This is because there are some cases where a person would seek to prevent another from even making the application at all, and so without notice orders are designed to protect against such scenarios. Should the court grant the order, it only becomes effective once the person whom it is made against is made aware of it (typically by personal service, but this is not compulsory). This article is designed to assist those responding to an application, and to provide guidance as to what a person should be considering:
A) When is the next court hearing? It has often been the practice by many courts that a further court hearing, to enable a person responding to an application to put their case forward, would only be set up if that person requests one. Otherwise, the non-molestation order would simply continue in force up until a set date. The recent case of Re W (Minors) [2016] EWHC 2226 shows us that such an approach is incorrect, and the court made clear in that case that a further hearing should be set up within 14 days of the order being made, on a specified date. That approach has now been endorsed by the practice guidance given by Sir James Munby, President of the Family Division (Practice guidance: Family Court – Duration of Ex Parte (Without Notice) Orders). This of course enables a person responding to the application to attend at court and put their case, without the onus being on them to actually request a court date is listed. It is important for a respondent to attend at the next hearing, not only so the court is clear of their position, but also because the court is permitted to make orders even in their absence.
B) What is challenging the order actually going to achieve? Many respondents feel aggrieved when they see that a person (typically an ex-partner) has sought to take out a court order against them on the basis of what they say are vicious lies. With that, many people opt to fight against an order simply because they do not want the applicant to ‘win’, or for their own name to be blackened. However, a respondent should always consider what challenging the order is actually going to gain. If a person opposes the order and succeeds in proving the applicant wrong, it isn’t like you see on the television and everyone is suddenly aware that the ex-partner has now been branded a liar, with the respondent being able to hold their head up high. What it does do is create further animosity between the parties (which can be particularly unhelpful if there are children involved), as well as adding pressures of both time and money. Instead, a respondent can either not oppose the order or agree to undertakings (which is a promise to the court not to do things) on the basis that they do not accept the allegations that have been made against them – this avoids the need for a contest, shows the court you are not simply in it to prove the applicant a liar, and inevitably is only preventing a person from what they should not be doing anyway (i.e. assaulting the applicant).
C) Get early legal advice. Many respondents will tend to attend the hearing, only to tell the Judge that they would like an adjournment to see a legal professional. At that point, the case will end up having a minimum of three hearings before one can see any real progress being made. Owing to legal aid no longer being available as a respondent to these types of applications, it is a worthwhile investment to obtain legal advice, even if that is limited to a conference as to what approach to take at a forthcoming hearing. A legal professional can offer a person invaluable guidance as to how to respond to such applications, and that person will inevitably have a solid insight into the law, as well as an understanding of the particular practices of that court
D) Gather your evidence. If agreeing to an order/undertakings on the basis you do not accept the allegations is not an option, give careful consideration to the evidence that you need to help support your case. The applicant will have their own statement, but may also have witnesses, medical and police evidence – what do you have to rebut their allegations? The court approaches these cases on the understanding that it is for the applicant to prove their case on the balance of probabilities (i.e. 51%) – if you are unable to get any independent evidence to support your case, it is likely that this will make it all the more difficult to successfully oppose the application.
E) Remember to adhere to the terms of the order. Before the court hears your initial position (and possibly after if the case is being listed to entertain a fully contested hearing), then the order will usually remain in place. This will specify terms, typically that you must not contact the applicant/attend at their house etc. It is vital that these terms are adhered to for the life of the order, firstly because it will make an incredibly poor impression on the court if not, but also because breach of an order is a criminal offence and one could therefore find themselves arrested/with a conviction simply for ignoring the order. Courts take these matters very seriously and, irrespective of whether the order is justified, whilst it exists, it must be adhered to.
All in all, non-molestation orders require some careful thought and consideration when responding to them. It is all too easy for people to get caught up in the case because of the emotional attachment between the parties. With some careful thought surrounding the considerations above, it is hoped that this will provide helpful guidance to those who find themselves facing such applications.
Defend the case and ask the court to rule that the allegations are false
You will need to attend court with the applicant where the judge will consider your statement and make a decision. If you are successful, the Order will be discharged. However, if you are unsuccessful, there could be negative effects on any other legal proceedings regarding your children or finances upon divorce/civil partnership dissolution. We will always provide detailed advice about your prospects of success.
pabloescaban
VIP Member
Yes.
What is he hoping to achieve by getting it lifted?
Live happily ever after or to clear his name?
Neither will be achieved.
He has to wait
What is he hoping to achieve by getting it lifted?
Live happily ever after or to clear his name?
Neither will be achieved.
He has to wait
Mendi
Member
She scared of ending the order, due Social Workers are involved who are bullying her to keep the false order in place. She told them she wants her husband back home.
pabloescaban
VIP Member
If she wants him back home he comes back home and there's nothing social services can do.
Mendi
Member
pabloescaban
VIP Member
If he comes back home there's nothing anyone can do.
Who's going to phone police?
If social services start getting police involved she will just say he's come to see the kids, plod aren't going to be arsed filling out a million forms that will get them nowhere.
Court won't get anywhere if two opposing sides are now on the same side
Who's going to phone police?
If social services start getting police involved she will just say he's come to see the kids, plod aren't going to be arsed filling out a million forms that will get them nowhere.
Court won't get anywhere if two opposing sides are now on the same side
Willo3092
VIP Member
Give it a couple of weeks and she will probably call the police on him, or the neighbours will if they know about it.
Any breach of court order is an offence against the Crown, not the person who applied for it, because the order was made by her majesty's courts.
The police will definitely arrest for any breach of it, no matter what she says.
She needs to make an application to the court to have the order revoked before he even thinks about going round.
bazcfc1
VIP Member
If social services are involved I would be thinking why are they involved in the 1st place friends will tell you there side but Won't openly tell you the truth.
If social services knows its a fabricated story they wouldn't make her go along with it that's a fact and if she wants him back home then authorities could step in and remove any children from the situation it's as simple as that and any breach of an order will only end up worser for the person breaking the order.
But if I'm completely honest a public forum is no way to air your friends problems and look for advice off members. The judge will have all the case notes from social services against them as individuals and as a family.
If he or she has done something behind closed doors when no one is there and people taking taking sides what kind of person does that make them for taking sides imo!!!!
If social services knows its a fabricated story they wouldn't make her go along with it that's a fact and if she wants him back home then authorities could step in and remove any children from the situation it's as simple as that and any breach of an order will only end up worser for the person breaking the order.
But if I'm completely honest a public forum is no way to air your friends problems and look for advice off members. The judge will have all the case notes from social services against them as individuals and as a family.
If he or she has done something behind closed doors when no one is there and people taking taking sides what kind of person does that make them for taking sides imo!!!!
superdark024
TK Veteran
social workers can help or hinder. they always force the mother to not lift any orders that are given.
This is because often the victim is still/brought back under the control of the individual the NM Order is granted against, and they are pressured/manipulated into applying for the order to be revoked.
superdark024
TK Veteran
Not always the case mate.
That's why I said "often." And social services, courts etc will always be mindful of this and stand by the original decision to grant the order.
superdark024
TK Veteran
true mate
Mendi
Member
He will not breach the order. Social have no powers on order, its the the family court who give this order out. He has put an appeal to try and get it throw out. Social services are not good people.
He did nothing but ask his son to do his home work. He refused and stormed off and make a false call to the police the rest was history. Mum got involved took the mood out on her husband. You know when a 10 year old lad, ends up ringing the police its bad they take kids complains real. The social are not taking the kids away, if he returns home after the order has been discharged.
He did nothing but ask his son to do his home work. He refused and stormed off and make a false call to the police the rest was history. Mum got involved took the mood out on her husband. You know when a 10 year old lad, ends up ringing the police its bad they take kids complains real. The social are not taking the kids away, if he returns home after the order has been discharged.
- Status
