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Non molestation order help

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  • Non molestation order help

    Hi I'm hoping someone can help me.. I'll try and make a long story short.. my ex has a violent temper and has been charged with abh against both myself and out 2 year old son.. a non mol was granted but he is contesting that.. also have child arrangements hearing too as well as the criminal trial coming up.. I have more than enough evidence to support my claims he hit us both but the rest is a he said she said sort of thing.. but being a clever man he saved the best till last.. he got to file the last statement allowed and in it he states I'm lying and he couldn't have controlled my every move ad he was in the navy and did 2 tours totalling 13 months and how could he have control if he was out the country.. now he was in the navy when I met him but he left a few months later and did no tours during our relationship.. this is easy to prove but I'm not allowed to file a response.. what do I do as that will cast doubts on my evidence.. and this hearing is going to be used as a fact finding for the child arrangements order
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  • #2
    Re: Non molestation order help

    Sorry to hear of your plight. I'm not legally trained but have you made the prosecuting council aware of his false claims? I'm sure they will be allowed to challenge this alleged evidence in court. Best of luck!

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    • #3
      Re: Non molestation order help

      Do you have anyone helping you at the hearing or in preparation for it?

      It's not something I know much about I'm afraid - this might be useful http://rightsofwomen.org.uk/get-info...ding-hearings/ and they have a helpline you might be able to get some advice from. You should have opportunity at the hearing to question his answers, and show evidence to the Judge. Do you have his service record ? You could write a witness statement answering the allegations he has made with exhibits of your evidence to the contrary attached - and ask the court if you can file it before or at the hearing - if you can't you have it written down to refer to during the hearing ( which is really really helpful when you're under such stress ) The Judge asks questions of the parties at the hearing, it isn't all decided on what has been written, but take everything with you that you might need to show the Judge, however irrelevant you think it is beforehand. ( we didn't take a recorded posting receipt to a hearing for child arrangements as it didn't even enter our minds it would be important, and it resulted in us being accused of lying about having sent a letter and being unable to evidence otherwise - thankfully there was a shed load of stuff went the other way but it was a sticky moment and very frustrating - so better to take too much - just try make sure you have everything organised and indexed so you can find it easily if you need to refer to something and show it to the judge )
      Common Sense .... if in doubt, use it !

      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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      • #4
        Re: Non molestation order help

        I do have a solicitor but she is on holiday and I'm just freaking out.. I'm not denying contact at all in the long term I just want supervised untill he has done anger management and parenting classes. Cos take away the anger and the fact he don't play age appropriate he is a good dad.. he has refused to have any contact if it's in a contact centre.. hopefully I will be able to submit something or at least show the judge during my giving evidence.. I have records of when and where his ship deployed and his passport is here that expired before he alleges he was not in the country.. thanks for the advice. I've never been so stressed in my life

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        • #5
          Re: Non molestation order help

          I can understand your distress having witnessed this type of behaviour throughout my childhood. Would a Women's Refuge be able to offer you any help?
          http://www.refuge.org.uk/
          I'm sure the police will have a liaison officer of some kind that specialises in domestic abuse too that could offer you protection.
          Take care.

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