Cancelling a non-molestation order acquired through deception

[hanga17]

Hi,

Please help, i'm losing will to live on this. I need to remove a non molestation order against me that was issued in my absence and I had no knowledge of it.

It was issued by deceiving the judge by an ex-friend ("EF") who I have a debt collection claim in civil courts, to be heard on 20th July. EF keepings inventing bogus stories to have the civil court hearing cancelled. This non-molestation order resulted in the third cancellation of the civil court proceedings. The judge issued the non-molestation order as he was satisfied it was served on me in person, however, I was not at home on the day in question (was in airport and town centre doing shopping and have receipts). Moreover, the details of the molestation (harassment by text messaging) was not true following a thorough forensic examination of my phone by the Police.

So on both fronts, the premise and basis of the order were proven to be not true. On this basis, I completed form FL403 with supporting evidence but the court wants £155 to process. Why do i have to pay this when the stupid judge ordered the dished out the order so casually? Is there an alternative option for me given the tight window between now and the civil court hearing date on 20 July 2015? If I paid this, can I recover the money?

Secondly, if leave the order as is, can i proceed with debt collection matters in the civil courts as there are no restrictions in the non molestation order preventing me from being in the same court-room as her?... Well at least that's my understanding?

Can I challenge the court for the incompetence of the judge who claims he was "satisfied" it was served citing details of the order were shown to me by the police, however this is completely untrue.

Please advise, thanks

Jay

[stevemLS]

Re: Cancelling a non-molestation order acquired through deception

I don't understand what is going on here.

Is this a non molestation order under s42 of the Family Law Act 1996?

An no, you can't challenge the court for the "incompetence of the judge".

[hanga17]

Re: Cancelling a non-molestation order acquired through deception

Hi, which bit don't you understand?

Yes it's s42?

In summary ex friend created harrasing fake whatsapp messages and made out as if from me, went to court and got non molestation order against.

Motivation for this is to cancel the hearing for a debt dispute I have in civil court against her, and she managed to do this.

So, in order to progress the civil court hearing, do I need the molestation order removed?

Secondly, if she submitted fake documents
and thicko judge issued order so casually, what recourse and appeal do I have?

[stevemLS]

Re: Cancelling a non-molestation order acquired through deception

So, the ex-friend made an application to a judge in debt recovery proceedings for a non-molestation order.

Presumably the application was made without notice?

In which case, it should be made on an interim basis only and you should be given opportunity to attend an early hearing at which it will be either made into a full order or discharged.

The FL403 (with standard application fee) shouldn't be necessary.

Any chance you can post an anonymised copy of the order?

- - - Updated - - -

And ALWAYS, ALWAYS be very respectful to the judge, even if you privately think s/he's a twat.

[hanga17]

Re: Cancelling a non-molestation order acquired through deception

Yes correct. If I understood docs correctly, interim basis made for me to respond on 29 April. Court did not send me any notification, however, ex friend claimed to have posted and hand delivered notification of order and judge accepted her version. There was no details of tracking, and on the day she claimed to have hand delivered the notice, I was in the airport and shopping in town centre, all can be evidence with credit purchases and receipts with a timestamp - on this basis very difficult to show the judge respect, but not your point reg respect.

To confirm I sent no malicious messages following a police forensic investigation of my phone. Further, the police did not show me a copy the order and thus was not aware of it's existence, so did not attend any hearing and was not able to respond or defend the allegations. I've attached details of the order, court sent them on 11 May to my home address and I am now trying submit documents to the court to challenge the judges decision.

On a more critical note, I want to progress with the civil court hearings scheduled for 20 July - does the attached order prevent me from progressing the debt collection issue in the civil court?

MASSIVE THANK YOU

https://drive.google.com/open?id=0B2...RzQ&authuser=0

[hanga17]

Re: Cancelling a non-molestation order acquired through deception

Hi everyone,

Is anyone able to help me regarding the molestation order? Specifically, (1) does it prevent me from continuing the hearing for debt collection matters in the civil courts? and (2) how do i go about cancelling the order (without costs or burden upon me) given that it was issued through bogus means and judge accepted it.

Thanks
Jahangir

Yes correct. If I understood docs correctly, interim basis made for me to respond on 29 April. Court did not send me any notification, however, ex friend claimed to have posted and hand delivered notification of order and judge accepted her version. There was no details of tracking, and on the day she claimed to have hand delivered the notice, I was in the airport and shopping in town centre, all can be evidence with credit purchases and receipts with a timestamp - on this basis very difficult to show the judge respect, but not your point reg respect.

To confirm I sent no malicious messages following a police forensic investigation of my phone. Further, the police did not show me a copy the order and thus was not aware of it's existence, so did not attend any hearing and was not able to respond or defend the allegations. I've attached details of the order, court sent them on 11 May to my home address and I am now trying submit documents to the court to challenge the judges decision.

On a more critical note, I want to progress with the civil court hearings scheduled for 20 July - does the attached order prevent me from progressing the debt collection issue in the civil court?

MASSIVE THANK YOU

https://drive.google.com/open?id=0B2...RzQ&authuser=0

[stevemLS]

Re: Cancelling a non-molestation order acquired through deception

I'm afraid I am stumped.

The first order was not an ex parte order and the court was satisfied that you had notice of the application.

That order also gave notice of the second hearing to convert to a final order.

The only way I know of challenging that would be by way of appeal to a circuit judge, the problem being that you are out of time to do so.

If your ex-friend has a solicitor you can pursue the debt matter through them and at an early stage get confirmation from them that they will take no issue with your attending the hearing on 20th July - belt and braces would be to write to the DJ enclosing some documentation (Notice of Hearing?) and ask judge for similar confirmation.

[hanga17]

Re: Cancelling a non-molestation order acquired through deception

Thanks for reply.

The judge's satisfaction is the source of my grievance and bumbling incompetence. The judge's satisfaction of delivery is deeply flawed. No communication was posted to my house on 7th nor hand delivered on 11th and the police did not show me a copy or details of the order on the 18th. I am able to prove I was not at home on the 11th and police/solicitors can confirm I was provided any details of the hearing

Surely, given the gravity of situation, is not the court's responsibility to communicate details of the application - leaving such responsibility in this case to ex-friend is open to abuse, as I am now experiencing.

Ex-friend doesn't have solicitor. That aside, the order doesn't restrict any escalation of debts matters to courts does it or compromise molestation order conditions? It's not like I'm going to her house (which does have restrictions). Further, all my communication has been done via solicitors.

Thank you

I'm afraid I am stumped.

The first order was not an ex parte order and the court was satisfied that you had notice of the application.

That order also gave notice of the second hearing to convert to a final order.

The only way I know of challenging that would be by way of appeal to a circuit judge, the problem being that you are out of time to do so.

If your ex-friend has a solicitor you can pursue the debt matter through them and at an early stage get confirmation from them that they will take no issue with your attending the hearing on 20th July - belt and braces would be to write to the DJ enclosing some documentation (Notice of Hearing?) and ask judge for similar confirmation.

[nemesis45]

Re: Cancelling a non-molestation order acquired through deception

The order does not and cannot " stand in the way" of any legal process be it via Civil or Criminal procedures,

You as claimant file all relevant documents via the court that has jurisdiction for the claim, the court will
then serve the documents upon the defendant, and as steve has said if there is a solicitor for the defendant
you respond via them NOT to the claimant directly.

A judge does not make such and order and indeed not one for 12months validity without closely reviewing the evidence
before him/her.

nem

[hanga17]

Re: Cancelling a non-molestation order acquired through deception

Hi

Thanks for the contribution. Very helpful - so continuing with the civil court proceedings should be fine? My solicitor wasn't sure in this regards, and wanted me to have a consultation with a family solicitor (re non molestation order) at £150 (just consultation) and this seemed like an unnecessary expense and step

Re judge's decision process - I have to disagree re this particular judge, not on basis of my opinion, but basis of fact. Judge was manipulated through fabricated evidence (messages supposedly from my mobile) - but following police forensics on my phone and sim confirmed no messages were sent from me. A google search on "faking whatsapp messages" will shed light on how easy it is to this. Also, other aspects I've mentioned all able to evidence through receipts etc. I want to present this evidence to the judge, but apparently have to pay £155 for the pleasure which seems completely unfair on me. Do you know if I am able to appeal in this regard, without incurring these costs?

Thanks

[stevemLS]

Re: Cancelling a non-molestation order acquired through deception

There isn't very much you can do in the civil courts without attracting a fee.

The fee on filing a notice of appeal in this case would be £140.

You also need permission, normally you have to apply at the hearing itself (which you obviously couldn't do as you weren't there), but you can apply to the appellant court which in this case would be to a circuit judge sitting in the same county court. There is a time limit which is usually 21days from the date of the order. The court can extend the time limit for compliance but will only do so where you can show good reason for not complying with the time limits.

[hanga17]

Re: Cancelling a non-molestation order acquired through deception

Thanks for the post.

This whole process is just awful. The court didn't include any supplementary advice etc, how would a normal "joe bloggs" know about details of timetables and deadlines of 21 days. It's ironic, i find myself in this predicament when the judge made a decision based on the ex-friends fabricated lies and account. That precedence just seems appalling. No independent checks were made by him. And I have to pay to correct his incompetent decision making process.

[black jack]

Re: Cancelling a non-molestation order acquired through deception

This is a joke somebody your not in a relationship with can go to family court and tell lies and get a criminal order put on you without any evidence. What a great country

[hanga17]

Re: Cancelling a non-molestation order acquired through deception

This is a joke somebody your not in a relationship with can go to family court and tell lies and get a criminal order put on you without any evidence. What a great country

oh yeah tell me about.... that's the bit of the process that left me so livid and angry. The fact that there weren't any independent channels to make a peaceful complaint to respond to the judge's decision without costing me money first drove me up the wall....... lets just not talk about it.

[tony2000]

Re: Cancelling a non-molestation order acquired through deception

If this is true, and fake evidence was supplied to the court in affidavit form the person has committed purgery, a most serious matter. I dont see how a non molestation order can prevent other litigation proceeding.