Non-molestation order

[Benjamingrimshaw]

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

[Amethyst]

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.

[Openlaw15]

Re: Non-molestation order

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?

[Benjamingrimshaw]

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 :/

[Benjamingrimshaw]

Re: Non-molestation order

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

[Amethyst]

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]

[Benjamingrimshaw]

Re: Non-molestation order

Amethyst so in regards to the statement of issues am I to propose questions to the judge which I would like him to ask the respondent?

- - - Updated - - -

She is appealing it on grounds that we have spoken amicallably since some of the incidents. The order is in place for 12 months.

I have no legal help what so ever in regards to this or child matters.

[Amethyst]

Re: Non-molestation order

No it's more the questions that need answering for the court to make the decision rather than questions of the parties.

So..

Is there a risk of harm or serious harm if the non-molestation order is removed?
Has the applicant/appeallant complied with the terms of the current non-molestation order?

I'm not surprised you are struggling with the bundle on your own - have you spoken with a family law centre or citizens advice at all ?

------------------------------------------

She is appealing it on grounds that we have spoken amicallably since some of the incidents.

Has she ceased completely the other behaviours ?

Has she previously ceased behaviours then restarted ( on an argument or something like that ?)

Does she have legal advice and a solicitor dealing with her application for a child arrangement order? That could be a big influence on her - ie. it's not great to go into child arrangement proceedings with a non-mol in place against you.

[Openlaw15]

Re: Non-molestation order

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

Your situation is complex. I assume you never married. It's the NMO versus a custody matter in effect. Have you been to mediation to see if this can be dealt with amicably. The recent law is that any court orders affecting family matters you rely on: NMO, or your ex partner relies on: sole custody of the 7 year old daughter, must be via mediation first. What desired outcome do you want from this NMO? You're not living in the family home any longer. Do you just want to stop your ex harassing you? She in contrast wants to stop you having any relationship with said daughter. Normally, she could have tried to get an NMO against you so as to keep the property to herself and the daughter.

So you have to have two separate hearings one for your NMO, and one to challenge the custody matter. The court could potentially give you an Occupation Order in your favour thereby evicting the mother and you returning to the property if the court believes said mother is unsuitable to raise the daughter. It could alternatively give your ex an Undertaking (has the effect of NMO or Occ. Order), it's a promise the ex will abide by the terms of the court (without a hearing).

[Amethyst]

Re: Non-molestation order

Found a couple examples for statement of issues - http://www.wikivorce.com/divorce/ima..._of_Issues.doc - and - http://www.nofamilylawyer.co.uk/uplo...roceedings.doc different situations but will give you a better idea what it should say.

[Benjamingrimshaw]

Re: Non-molestation order

No we were never married - thank god! No , no mediation other party has requested no mediation. Yes I want the harassment to stop but it also carries a lot of beating in regards to the child arrangements as this will display her behaviour. I want the NMO to stay in place and also to have a residences order stating the the child resides with me and mother is given access as I don't believe mother is in a fit mental state to raise said child and her behaviour is to the extremes!

The property was not owned and in such a case I wouldn't want to live there as I'm planing on residing with new partner eventually you. The respondent did offer to take a cross undertakings however I refused due to the extremes she has gone to. She lies constantly and would not honour the agreement she has stated many a time she doesn't care what Happens so long as revenge is seeked on myself and partner for me leaving the relationship

[Amethyst]

Re: Non-molestation order

With the child arrangements now in the mix of these proceedings, and you wanting your child to live with you, I would really recommend you find a solicitor or family law specialist to help you. They can work on fixed fees - pay as you go type arrangements - so you needn't be looking at £'000's and you'll know in advance of any costs involved. Quite a few will speak to you on the phone or by skype first to work out what you need and where the case is, and maybe even advise.

[Openlaw15]

Re: Non-molestation order

No we were never married - thank god! No , no mediation other party has requested no mediation. Yes I want the harassment to stop but it also carries a lot of beating in regards to the child arrangements as this will display her behaviour. I want the NMO to stay in place and also to have a residences order stating the the child resides with me and mother is given access as I don't believe mother is in a fit mental state to raise said child and her behaviour is to the extremes!

The property was not owned and in such a case I wouldn't want to live there as I'm planing on residing with new partner eventually you. The respondent did offer to take a cross undertakings however I refused due to the extremes she has gone to. She lies constantly and would not honour the agreement she has stated many a time she doesn't care what Happens so long as revenge is seeked on myself and partner for me leaving the relationship

As amethyst alludes above, the courts do a significant harm test as there is a 7 year old girl affected, as to whether there is more harm to her living where she is with mummy, or whether is safer with daddy; this is standard. Normally, harm and significant are two separate criteria but there are exceptions where 'harm' is sufficient. The child's brain is like a processing and recording machine, it processes sounds, records emotions such as fear and responses to fear, ie acquired responses such as avoidance, cowers, avoids eye contact. So the court has to make sure the child is not subject to any verbal or emotional abuse. For these reasons even emotional or verbal abuse by mother, or mother shouting at daddy in front of child, can create trauma to damage the child. In other words it need not just be physical harm it can be mental or fearing threats of violence without violence being real (perceptions in that the child's reasoning thinks it may happen but an adult is able to better reason).

[Openlaw15]

Re: Non-molestation order

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

It is complex as I said and for the reasons I stated it may well be in your better interest to get a lawyer. The problem is if you get a lawyer, so will she who will try to take advantage of the situation, ie mother is already raising daughter in the previous family home so it's only fair the child should stay there so as to not interfere with her current location's connections: ie children school, school friends, mother's family, so the opinion of the child may be relevant too. Any family lawyer in her situation may try to counter claim an NMO. You do not live there so she legally is secure in that context.

[Benjamingrimshaw]

Re: Non-molestation order

Unfortunately the fees a solicitor charges I can't afford it, they charge per hour what I make a day! So I guess this one is up to me to put my case across the best I can. Mother already has a solicitor and has from the beginning of proceedings. Where I live at the moment is fully accessible to daughters school family and friends, I have her nights during the week and drop her off at school and on time with no problems.