occupation order / non-molestation order

[s4simo]

Hi, following on from my post about about brothers girlfriend changing the locks on his house and refusing entry things have moved on considerably.

She has now gone to court without my brothers knowledge and applied for a non-molestation order, an occupation order and a prohibitive steps order (during the period an assault is alleged to have happened my brother was never alone with her, indeed she had called the police when he tried to get into his own house, so there were in fact 6 officers in the house who were never informed of an alleged assault). Because she is saying she is in fear for her safety and their son is frightened of his father it has got nasty to say the least. It seems to us that she can make as many allegations as she likes and it is not up to her to prove them, it is up to my brother to disprove them.
Has anyone any experience in providing evidence to refute such false allegations or indeed any experience at all of these three orders.
As always thanks to everyone for reading
ps he does have a solicitor but I want to make sure I don't miss anything that could help us - he just wants to see his son

[leclerc]

Re: occupation order / non-molestation order

His solicitor is the best person to advise. Did he suggest that he evicts her from his house?

[s4simo]

Re: occupation order / non-molestation order

Hi Leclerc,
I believe the occupation order doesn't 'hold water' so the judge may throw that out. I am concerned that if you throw enough mud even if its not correct some of it will inevitably stick and a judge may err on the side of caution. Maybe I am not giving them enough credit and they have seen every tactic in the book and can sort fact from fiction.

[Celestine]

Re: occupation order / non-molestation order

When is the next court hearing? Is your brother attending with representation?