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Husband has a Non Molestation and Occupation order againt me but is harassing me!

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  • Husband has a Non Molestation and Occupation order againt me but is harassing me!

    Advice needed please.
    To cut a long story short I was arrested in my bed on Nov 5th after my husband had phoned the police to falsely claim I had assulted him.I was charged with this so the next day I had 10 mins to gather some things and drive to my Mums where I have been reciding in her box room ever since.
    He also had a non-mol and occupation order placed on me at emergency notice on 6th Jan built on lies that he was the victim of domestic violence.It went to court on 28th Dec.My husband arrived an hour and a half late as he had "forgotton about it" until one of the ushers rang him to see if he was attending.
    Looking back I regret I didn't take legal representation with me(I was spending my money on the crimal case he had against me) as the judge hadn't even received my statment even though I had it served on 21st DEC 2018.He briefly flicked through it and said no this order still has to stand for a year.I was not even the chance to contest.
    I was found not guily of Assult by Beating of my Husband but still the other orders stand.I have appealed them and asked for them to be revoked as I was found not guily in the Criminal Courts and on the grounds of my husband commiting perjury and still waiting to hear back from the court.
    He has tried to ring me a couple of times over the last couple of weeks but I ignored him as he was inticing me to breach the court order still in place as the only why we are allowed to communicate is through email.
    Anyway I woke up this morning to find 5 miss calls from him at various times through out the night and a text message asking "Who was I f***ing?"
    I rang the police and explained that even though I was the one with the orders against me he was harassing me!
    I am hopefully having a police officer coming to see me tomorrow to show him the screen shots and give a full statement.
    Anyway he tried to ring again on a withheld number this afternoon but I put the phone straight down as advised by the police.
    I then receive an email from him saying he will be having all my propety delivered to my Mums house next Sun,beds and sofas included!I replyed back he just can't do that as in the non-mol it states
    *to arrange for personal property,to be listed by the respondant (me),to be delivered to her......my friend has already done this getting my clothes and other essential things.
    *not otherwise to dispose of the contents of the house.
    The morgage to our home is in my husbands name.We have been married 3 1/2 years.I invested £30,000 into the property when we got married having an extension,a new boiler,new doors,windows and paid half the morgage up until last December.
    Where do I stand on this?As he is clearly harrassing me.What do I do if he does organise for my property to be dropped of at my mothers as he is threatening too?
    ANY advise will be greatly appreciated.Thank you in advance x
    Tags: None

  • #2
    Peridot

    Comment


    • #3
      Hi Blondie73,

      How awful for you. Well done for not responding to his apparent harassment of you so he can't make anything formal. It appears that the non-mol is quite clear on the issue of the property. If he doesn't 'look after' it then he potentially could be liable. IMO leaving items that can be damaged by weather outside is not taking care of them even if he has said he will drop the items round.

      You need to get some legal advice on this. You have let the Police know which is the right thing to do as far as any allegations by him that you are harassing him etc but you need to deal with the 'civil' side too the non mol. Don't worry that you weren't represented in a strange way the fact the order has remained in place and you are complying with it is a bit of protection for you in evidencing you have done nothing to breach the order.

      You need to get some advice maybe a free half hour or reduced fee initial appointment on what your options are here should he dump the furniture. You currently have an order in place which prevents face to face contact so you need to be sure you aren't breaching the order, even if it is his decision to attend your mother's property.

      Did an inventory of your property get prepared and are the items he is proposing dropping over yours? It appears that the order provides for your items to be listed and arrangements for delivery to be made. If these items are yours then could you arrange for them to be placed in a lock up for the time being if there is not the room at your mother's? It may be worth asking the police if they could attend should it become necessary for him to bring items over although it appears that any items that are not solely yours, should remain at the property for the time being.

      As far as your contribution toward the building and boiler at the property are concerned these will be dealt with as part of any divorce settlement. Have you sought any legal advice on this yet. A family law specialist would be able to advise you on all aspects including the non-mol issues and what should happen to furniture etc at the house. You need to ensure in the meantime that you are complying with the order and cover yourself in the event he starts pushing contact or sending abusive messages. Keep a log of everything that happens so you have details of all incidents should the need arise.
      I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

      If in doubt you should always seek professional face to face legal advice.

      Comment


      • #4
        Originally posted by Peridot View Post
        Hi Blondie73,

        How awful for you. Well done for not responding to his apparent harassment of you so he can't make anything formal. It appears that the non-mol is quite clear on the issue of the property. If he doesn't 'look after' it then he potentially could be liable. IMO leaving items that can be damaged by weather outside is not taking care of them even if he has said he will drop the items round.

        You need to get some legal advice on this. You have let the Police know which is the right thing to do as far as any allegations by him that you are harassing him etc but you need to deal with the 'civil' side too the non mol. Don't worry that you weren't represented in a strange way the fact the order has remained in place and you are complying with it is a bit of protection for you in evidencing you have done nothing to breach the order.

        You need to get some advice maybe a free half hour or reduced fee initial appointment on what your options are here should he dump the furniture. You currently have an order in place which prevents face to face contact so you need to be sure you aren't breaching the order, even if it is his decision to attend your mother's property.

        Did an inventory of your property get prepared and are the items he is proposing dropping over yours? It appears that the order provides for your items to be listed and arrangements for delivery to be made. If these items are yours then could you arrange for them to be placed in a lock up for the time being if there is not the room at your mother's? It may be worth asking the police if they could attend should it become necessary for him to bring items over although it appears that any items that are not solely yours, should remain at the property for the time being.

        As far as your contribution toward the building and boiler at the property are concerned these will be dealt with as part of any divorce settlement. Have you sought any legal advice on this yet. A family law specialist would be able to advise you on all aspects including the non-mol issues and what should happen to furniture etc at the house. You need to ensure in the meantime that you are complying with the order and cover yourself in the event he starts pushing contact or sending abusive messages. Keep a log of everything that happens so you have details of all incidents should the need arise.
        Thank you.My appeal letter for the non-mol and occupation orders came through today and its in court on 26th Feb.Do you advise taking legal repesentation to court this time and making a new statement?

        Comment


        • #5
          Hi Blondie73,
          I think it would be advisable to at least get some face to face advice on this just prior to the hearing and with sufficient time for you to instruct a law firm or barrister to attend with you or on your behalf. If you get some advice, you can get your appeal arguments formulated and then decide whether you feel strong enough to take this on yourself.
          I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

          Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

          If in doubt you should always seek professional face to face legal advice.

          Comment

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