Non molestation order

[des8]

When the police investigate incidents they do not disclose to either party what evidence they have, that is why they did not discuss her submissions with you.

You should keep your solicitor fully informed, so let him see everything you have.
How do you expect him to assist if he only knows part of the story?

Do not accuse her of lying, at least not in court nor in public)
Point out she is mistaken, or confused (point out the inconsistencies in her police statements... altho'your solicitor should do this) but never lying.
People will draw their own conclusions.

Why do you think she ought to "get in trouble" and consider it not "fair if she gets off without any punishment or warning" ?.
I suppose the police (if they concur with you) could take action for her wasting their time, but I wouldn't think it worthwhile.

[mitchbrowne]

When the police investigate incidents they do not disclose to either party what evidence they have, that is why they did not discuss her submissions with you.

You should keep your solicitor fully informed, so let him see everything you have.
How do you expect him to assist if he only knows part of the story?

Do not accuse her of lying, at least not in court nor in public)
Point out she is mistaken, or confused (point out the inconsistencies in her police statements... altho'your solicitor should do this) but never lying.
People will draw their own conclusions.

Why do you think she ought to "get in trouble" and consider it not "fair if she gets off without any punishment or warning" ?.
I suppose the police (if they concur with you) could take action for her wasting their time, but I wouldn't think it worthwhile.

I currently only have a solicitor representing me for the arrest, so I have made a photo copy of the police disclosure and now I plan to highlight the points where there are inconsistencies in her police statement and the non-molestation order statement, a long with the evidence I have.

I haven't got legal representation for the non-molestation order at the moment, but I plan to employ a barrister for the final hearing. As this was a directions hearing I just attended myself and my ex-partner still hadn't submitted the additional statement she was instructed to submit prior to this directions hearing, as she said she had problems obtaining legal aid (right now she is LIP), so the judge has given her a final extension and I have to respond to her statement once I have received it.

My initial statement is fine and it has been looked over by a legal professional, but in terms of responding to her additional statement for the final hearing, I was instructed to just respond to the new statement as they have my original statement.

Am I allow to also point out inconsistencies and contradictions in the police disclosure that will support my case in the statement I will make in response to the statement she has been instructed to submit for the final hearing?



I feel she should get in trouble for the false allegations, as I've been arrested, then put on bail, now I'm on further investigation. Within the disclosure the police were going to put something called a Sp Scheme on my former employers venue and her address, based on the false allegations. Then in the later communication within the disclosure the police officer has reported that my ex-partner has clarified that no violence or threats have taken place.
I don't think it's fair that I've been arrested based on false allegations, with no evidence, my phones are still in the possession of the police. At one point they even suggesting doing a section 8 on my address, whilst I was in police custody (I'm not not sure why they didn't do this). Plus my name has been tarnished by her to my former employer.

She was given the non-molestation order without providing any evidence at all and then this was submitted to the police, how is this fair? But I'm jumping through hoops to collect evidence from text and emails to prove I'm innocent.

[des8]

So when you return to court to dispute the non molestation order, let your barrister know about the inconsistencies in her statements to the police

Regarding the false allegations she could be charged with perverting the course of justice &/or wasting police time.
Whether or not that happens is another question

[mitchbrowne]

So when you return to court to dispute the non molestation order, let your barrister know about the inconsistencies in her statements to the police

Regarding the false allegations she could be charged with perverting the course of justice &/or wasting police time.
Whether or not that happens is another question

Thank you guys so much for your help so far.

I have been conducting research on writing statements and I've discovered I made a mistake in my statement. Rather than referring to using the term 'Applicant' throughout my witness statement, I have referred to them by their name.

Is this a major issue where my statement can be challenged? Should I amend the statement by replacing the Applicant's name throughout the statement with the term Applicant and resubmit the witness statement?

I have had the witness statement looked at by 2 solicitors who were holding free advice sessions but neither pointed out this issue.

Also in the future should I always use the term Applicant rather than the person's name through a witness statement.

Your help is very much appreciated.

Is there a way to donate to this site, as I feel it's a very useful resource for the public.

[des8]

As long as the witness statement is clear that the person named is the applicant, it shouldn't really make any difference.

This is a free forum, but if you wish you could upgrade to a VIP member

[mitchbrowne]

Good Evening Everyone,

I attended the final hearing just before November last year and unfortunately I was given a non-molestation order for a further 6 months although I don't feel it was a fair hearing.

My ex-partner was able to recruit a barrister on legal aid and they requested an extension on the original order that was ex-parte.
Even though I had a lot of evidence to prove that she was making false claims in her witness statements, I even proved that she was making false allegations by cross referencing the statements she made to the police in the full disclosure she hadn't in as evidence to the court and the family court witness statement.

What is the point of having to sign a statement with "I believe the facts stated to be true" if you're able to lie and it not affect your credibility. As I was representing myself I wasn't allowed to question her false allegations, the judge had to do it on my behalf. I don't even think the judge read through my statements which proved a majority of what stated were lies.

The only time I got to really prove she was lying was when her barrister questioned me by referring to my evidence bundle but the barrister was interrupting me and basically down playing everything I was proving. Not to mention my ex-partner started crying and they were given extra time after the break.

What I also don't under is, the initial ex-parte order was in January 2019, the final hearing was just before November

For the scott schedule, 1 of the allegations were that I had been arrested for harassment early last year. I was not charged and I was released under further investigation.*

I don't think it's fair for one party to be able to obtain legal aid for a barrister and the other party not being allowed access to legal aid. How is that a fair trial, her barrister was trying her best to rip me to shreds. Even when her barrister spoke to me outside in the waiting area, I told her that I can prove she's lying from the full disclosure, she told me it's usually her job to rip CRIS statements from the police to shreds but usually on the half of defendants.

4 weeks ago I was contacted by the police officer handling the case to inform me that no further action will be taken but I forgot to ask him for my 2 phones that ceased when I was arrested.

During the call from the police officer I requested that he send confirmation to my solicitor by email of the NFA, but my solicitor still has not heard anything. I sent an email 2 weeks after the call to request that an email is sent to my solicitor and I for the NFA notification and I also asked how I may retrieve my phones.

Does anyone have any advice in regards to retrieving my phones and obtaining email confirmation of the NFA?

My solicitor said he will chase up the NFA but he said I need to gain contact with the officer. I've called the police officer's landline which is listed in a previous email he sent to my solicitor but no one ever picks up.

I plan to send another email next week, with my previous email attached. Is there anything else I can do to get my phones back?

Lastly, as I have the police disclosure am I allowed to contact the police with information which proves a number of allegations she has made to the police within her witness statement to the police are untrue. I only ask this as one of the orders in the non-molestation order is not to reference to any evidence gathered from the court hearing.*

I just want to have it on record that she has made false allegations and that I have provided evidence.*

If I have added anything that could get me into trouble please let me know, I've tried to ensure I haven't stated anything that could identify anyone involved.

Thank you for any answers!!!!

[Welshlad90]

Hi im after some advice

I took a non molestation order out on my sister due to mutiple threats and her and her partner turning up at my property. The order was served without notice.
I sent the threats on text to my solicitor. She is still trying to contest the order we have a final hearing on 19th october.
Just wondering what to expect in court. Will it be a thing that only the matters in question will be relevant to the hearing and anything else to tries to bring up from like weeks ago wont be relevant. Please help im really stressing about it

[Andy959]

Hi MitchBrowne

I've just read your thread with interest, as I'm going through something similar. I was arrested after a former friend falsely accused me of stalking her. The whole accusation was based on the fact that she'd seen (and filmed) me in my home town TWICE over a period of a month. This is a friend who I stopped seeing a year and a half earlier, because I felt she was unpredictable and possibly prone to this kind of thing.

Like you I had my phone taken, and my flat searched and computers and hard drives and iPads etc seized.

After spending a night and a day in a cell, I was interviewed, and was essentially told I was seen twice. In the commercial shopping centre of the small town I live in. I couldn't remember what I was doing on those days, so could only really point out as best I could that there was nothing wrong in what they were accusing me of.

After a month I got my property back, and was only then able to provide text conversations showing who I was meeting, what I was doing etc, which wasn't necessary, but I felt it was important. The duty solicitor told me the police probably wouldn't look at it, and she was right.

So after a month of going out of my mind, the police rang and told me they were dropping it, after patronisingly telling me not to stalk her again. These people are such arseholes, seriously. I would have preferred to go before a jury and state my case tbh.

But like you, I was massively affected. I couldn't work for a month because all my equipment was gone. The company I worked for lost several potential new clients because projects I was working on were on those machines. I had to tell colleagues that I was being charged with STALKING! That stuff sticks!

So like you, I think there should be consequences for making false allegations. And the falsely accused should at least have the opportunity to put their evidence on record. Especially, as I personally can't see what's to stop these people doing it again.

I'm hoping I can sue. Or apply to get a judgement or something. I'm still looking into it.

I don't know if you're still getting alerts from this thread, but if so, I would like to discuss options if you're interested? I know nothing about the law, but it seems incredibly inefficient and messy and difficult to get a straight answer from anyone. Two heads are better than one.