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Non-molestation order

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  • Amethyst
    replied
    Re: Non-molestation order

    Since the NMO has been in place there the incidents have ceased to an extent.
    That is good.

    On what grounds is she appealing the NMO, and how long is the NMO in place for currently?

    Do you have any legal help at all with this?
    [MENTION=85489]FionaC[/MENTION]

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  • Benjamingrimshaw
    replied
    Re: Non-molestation order

    Thank you amethyst I will check all this out later any help or advice is greatly appreciated.

    Leave a comment:


  • Benjamingrimshaw
    replied
    Re: Non-molestation order

    No we split in November 2015 at which point I left the family home. I left due to the emotional and mental abuse that had to be endured by myself and my daughter, I couldn't tolerate it any more. My ex partner suffers from severe depression.

    Our daughter is involved yes aged 7and since me applying for the NMO she has filed child arrangement order to the courts for contact to cease between myself and our daughter although I have played an active role in her life since the day she was born and have had contact with her minimum 3 nights per week.

    I currently have court orders set in place for contact between myself and daughter which is temporary until a hearing surrounding the child arrangements decides the outcome.

    However the judge had ordered the NMO is heard prior to the child arrangements hearings in respect that it will bear weight on the case surrounding child.

    By making my life hell:

    Abusive and threatening voicemails left on my phone.

    Turning up at my mothers address where I have resided since the split countless time causing scenes in the street I have videos of her shouting I'm a C**T in the street telling the neighbours they live next to one.

    My car has been damaged in several occasions.

    I have been assaulted with child present on several occasions caught on video.

    Countless threats have been made to myself and my partner.

    I have had to endure up to 60/70 phone calls a day off this woman.

    She has literally as she had stated she would on a voicemail made my life hell.

    Since the NMO has been in place there the incidents have ceased to an extent.

    However I feel she is now using official routes to further harass me. She made a complaint to the police of harassment - a lie - she produced 3 emails in which I told her to leave me alone and arranging child issues.
    The police took no action on account of lack of evidence. Whenever there is contact between myself and her she rings the police an example I drove past a park where she was with my daughter my daughter saw me drive past and waved so I stopped and spoke to my daughter. She subsequently rang the police stating I was again harassing her, being abusive and making threats- completely untrue.

    This woman has previously made allegations of me sexually abusing daughter in an attempt to stop me having contact. I did not get to see my daughter for a period of 3 months due to this Which again was dropped by the police.

    Help :/

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  • Openlaw15
    replied
    Re: Non-molestation order

    Originally posted by Benjamingrimshaw View Post
    Ok newbie here been recommended by a fellow member as I'm currently going through court proceedings representing myself.

    My question; has anybody here ever had to create their own paginated indexed bundle in regards to a non-molestation order? I currently have one against my ex partner (basically a restraining order) as she had made my life hell however she is appealing it and I have to present one to the courts. I'm looking for pointers and explanations as to what documents I am required to submit along with what should be inserted into these documents.

    Documents of concern are;

    Case summary
    Position statement
    Statement of issues

    If anybody has any idea what these documents are to contain or state I would be extremely great ful for any advice.

    I have attempted to complete the case summary and also the position statement already.

    Thank you in advance
    You say an NMO, but do you still live with her, or does she not live with you? If you still live together you require an Occupation Order and not an NMO. Are there children involved? What is her relationship like with the children? When you say 'made your life hell' can you please elaborate? In general, you want to keep your statement as concise as possible. If it's not in your statement or you haven't admitted something in evidence, you generally cannot use it in court unless you're given permission by the judge. Does your ex (i assume she's an ex?) have a lawyer acting for her?

    Leave a comment:


  • Amethyst
    replied
    Re: Non-molestation order

    The case summary is an overview of the case to date for the judge. It should be factual and not arguing your case. Like a chronology of the case to date.

    ( just seeing if there's a suitable example for you about)

    https://www.justice.gov.uk/courts/pr...ns/pd_part_27a

    (a) an up to date case summary of the background to the hearing confined to those matters which are relevant to the hearing and the management of the case and limited, if practicable, to four A4 pages;
    A Position Statement is a short statement, ideally limited to one or two pages, in which you set out your current position with regard to the proceedings and what you think is the best way forward and why, basically what order you are seeking and why.

    Statement of Issues is basically a list of the questions the court will need to find the answers to in order to make a decision.

    Excellent book for all family law proceedings - http://legalbeagles.info/forums/show...recommendation which contains templates for most documents you need to prepare.
    Last edited by Amethyst; 23rd June 2016, 11:22:AM.

    Leave a comment:

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