Contesting Non Mol Order

[1Cautious1]

My son (21) has a Non Molestation Orderagainst him from 26th February 2015
which I believe he has to advise both the court and the applicants’ solicitorby 4pm tomorrow
- 5th March. should he wish to contest.
This was issued Ex parte with no supporting evidence in London whilst heresides in Manchester.

He wishes for the Order to be "cancelled" but cannot affordrepresentation nor would he qualify
for Legal Aid.

Could someone advise the process - it would be difficult, if not impossible toattend court in person.

Thanks

[stevemLS]

Re: Contesting Non Mol Order

With orders like this it is very common to have them issued ex parte on an interim basis to provide immediate protection and then to hold a hearing to decide whether it should be made permanent.

It would be usual to transfer the proceedings to a local court, assuming both applicant and respondent live close to each other and the application was made in the RCJ?

What is the basis for the order and what are his potential grounds for contesting it?

[1Cautious1]

Re: Contesting Non Mol Order


This is a situation of She says / he says – both 2^ndyear students who accuse each other of experimenting with drugs, jealousy, control, and (mild)assault.
She has applied for Order on grounds of being fearful of hisaggressive actions – however, he states that it was her who was physical.
This activity is on the back of her accusing him of assault whichled to his arrest and being held during vestigations. This ended recently with the CPS droppingcharges due to lack of evidence.
My son wants to contest as he feels all allegations(unsubstantiated !) and personal assaults are unfounded and, if anything, the reverse is true – a commonaspect in most cases discussed In these forums.
Main reason for contest is to remove all restrictions thatOrder states that would limit his movements as a student academically andsocially. Also does not want such an Order over him that potentially could havea long term effect on both his career and personal life.
I understand that initially he can communicate hisintentions to contest along with his reasons in a statement to the court byEmail before the deadline, copying in the applicants’ solicitor.
He also wants to apply to have the case moved to the citywhere they both reside as students, rather than the city where both sets ofparents live.
He definitely regards the relationship as over and isprepared to offer an undertaking to not communicate with her, her family or anyof her friends – unless regarded as mutual friends – and keep away from any location that sheresides or attends as part of her studies that he has no business to visit.
Is there a legal format for the response to the (interim)order where a defendant wants to contest and provide reasons in a statement?

[stevemLS]

Re: Contesting Non Mol Order

Are you able to post up the interim order and any correspondence you have received, removing any identifying information.

If you can't post images, the precise wording of the interim order?

[Tools]

Re: Contesting Non Mol Order

Uploading for OP

[stevemLS]

Re: Contesting Non Mol Order

Did he manage to get anything in by the deadline?

[1Cautious1]

Re: Contesting Non Mol Order

Yes, he Emailed stating he intended to contest and attached his statement.
Court has requested hard copy by post.
- Email actually time stamped 20 mins late - he will phone court tomorrow
to check if they accepted his Email

[stevemLS]

Re: Contesting Non Mol Order

I would have thought that they won't reject it for the sake of 20 minutes. Not in a case such as this where is is not represented.