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Malicious non-molestation application order against me

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  • Malicious non-molestation application order against me

    I received a non-molestation order application against me yesterday. My sister's partner claims I am harassing him, my sister and even their child in many ways (violent, threatening).
    I have never done anything against them, and never ever had any contact with the partner or son: I have never even met them. Indeed, I have not contacted my sister for 10 years now.
    I cannot attend any hearing due to my medical condition.
    Can I ignore these blatant lies?
    He also wants me not to go near his son's primary school, which I have not idea where it is located, and to avoid going near his house, which I believe is more or less on my route to the town centre.
    Tags: None

  • #2
    Can you send a solicitor to represent you at the hearing?

    Comment


    • #3
      If you don't turn up at court to oppose the making of the (final) Order, the court will grant it.

      If you are prevented from turning up for medical reasons, and prove that to the court's satisfaction, the interim Order will remain until you are well enough to attend court. A fit note from your doctor will not do!


      Comment


      • #4
        Thank you for your help.

        Today I received this letter (text converted from letter).

        Is this an actual genuine letter?

        As I have said, I have not caused anyone harm and the allegations made against me are false.

        As I have not harassed anyone, I do not see why I should accept any of this nonsense of being served. I feel I should only answer the door to the police.

        Your help is appreciated.

        27/06/23
        xxxxxx v. xxxxxxxxxx
        Dear Mr
        I have been directed to serve you with the following documents in relation to the above matter.
        NON-MOLESTATION ORDER, APPLICATION FOR A NON-MOLESTATION ORDER,
        WITNESS STATEMENT + EXHIBITS
        I have already attended at your address, at.


        xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
        without meeting you on one occasion on Tuesday the 27th of June 2023.
        I must inform you that I will attend at the above address at the following time for the purpose of serving
        you personally with such documents.
        Wednesday 5th of July 2023
        Between 16.00 and 18.00
        Should the above appointment prove inconvenient, I will endeavour to attend any other reasonably convenient time and place you may suggest, and you can contact me on the following number xxxxx to arrange the
        If you fail to keep the appointment or any other made in lieu thereof, application will be made to the Court for an order of Alternative Service of the said documents, by way of letterbox service, or in any such manner as the Court may direct, and you may be liable for the costs of such application.
        Yours faithfully,
        Process Server
        Last edited by jcbn; 29th June 2023, 15:59:PM.

        Comment


        • #5
          That is the kind of letter a process server will write.
          Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

          Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            Thank you.
            Could some one help me out here.
            I do not understand why he wants to serve a NMO order AND an application for an NMO on me, along with witness statement and exhibits.
            Does this mean the NMO is already granted and that there is *another* application for an NMO?
            As previously mentioned I have never contacted the person who applied for the NMO, his girlfriend, nor the child.
            It is something out of a Kafkaesque-like tale this.
            I'm even wondering if i should email the local police for help.

            Comment


            • #7
              You need to see the papers that this person has been instructed to serve. They will conttain the answers to your questions.
              Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

              Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment


              • #8
                And you need to be represented at any hearing or it almost certainly be granted! Send a solicitor if you are unable to go yourself.

                Comment


                • #9
                  Thank you,
                  I cannot go to *any* hearings and have medical letter confirming so, which has been sent to family court.
                  i cannot afford a solicitor. I am also very ill and on income support benefits and cannot deal with interacting with people.
                  I have emailed my rebuttal to these allegations to the family court..
                  Could I email the police if an nmo is granted against me? This would be proof that I am being harassed.
                  thanks.

                  Comment


                  • #10
                    If the order is granted the Police will act on that order whatever you say. The time to avoid it is in court.

                    Comment


                    • #11
                      The NMO was issued against me July 6th. I am accused of sending 70 malicious emails/sign-ups/imitation emails (which I have not done). The applicants also ticked the boxes that I must "stop threatening or being violent" towards my nephew, and "stop contact his school" etc. I cannot stress enough that I have NEVER met my nephew, as I have been estranged from my whole family for over 10 years. The whole situation is like a surreal nightmare and incomprehensible.
                      As I cannot afford a solicitor, I have emailed the court my side of the story, and attached the completed form to discharge the NMO. Is this enough?

                      Comment


                      • #12
                        I forgot to add that the witness statement of the applicant was never included with the NMO. I told the court this two weeks ago, but still have not received anything. Is this normal? Also I have asked for disclosure of any police or child protection files, yet I have not heard anything. Is this normal? Thank you very much in advance for your replies.

                        Comment


                        • #13
                          UPDATE:

                          1. I forgot to mention earlier that I believe this was done for financial reasons: to blacken my name so I do not receive any inheritance from my father.

                          2. My FL403 accepted in September but still no court date: is this normal it takes so long?

                          3. The Family Court confirmed in writing that they never received a witness statement (just as I never received one) from the applicant. How can I remedy this? I actually do not know what I am accused of: all I was served with is a bunch of emails that I supposedly sent to the applicant and others (which I obviously never sent). When I received those "exhibits" (documents), there never was a witness statement included with them, despite the NMO stating that there is a witness statement with it. How can I defend myself if the applicant never sent me nor the court the witness statement? And I would love to know if this has ever happened to anyone else? And can the applicant be ordered to send me a witness statement?
                          Last edited by jcbn; 2nd March 2024, 15:49:PM.

                          Comment

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