Non molestation order?

[JacobB]

Hello I've been issued with one and told to attend court. The person has to put it mildly been very liberal with the truth
Do I have to attend it? I don't want to represent myself and I've been told it's very expensive. Even to look at the form and send it off they want 250 and then said if I fight it it'll be a few thousand

can I just not attend? Its not like I've been summoned is it? Will an order just be put in place if I don't go? As long as it's not mandatory I am okay with that

[islandgirl]

Circumstances would help! Ex partner saying she/he is scared of you? What is the hearing actually for?

[JacobB]

Yes exactly what you said. Lives a long way away and I'm quite happy to accept the order as ill never see her again. I'm just making sure I don't have to attend.as I can't see any benefit for me

[JacobB]

Maybe 20% is actually true but with my health issues I don't want the hassle of having to attend

[islandgirl]

OK well depends what the document you have received says but it may well be a good idea to ring the court and double check that you do not have to be there. It is likely the order will be granted if you are not. It costs nothing to represent yourself but if you are not bothered then perhaps it is not worth it? If you do not wish to attend you could write to the court and say that you do not admit any of the behaviour but that as you have no intention of seeing this person or contacting them ever again you do not object to the order?

[jaguarsuk]

You do not have to attend the court, however the likelihood is that an order will be made against you in your absence. You need to understand the consequences of this though as it's not as simple as just a bit of paper you can ignore because you're miles away.

A copy of the order will be sent to you and your ex's local police station. If you breach the terms of the order in anyway you can be arrested under the terms of the order.

The reason to attend if it were me is that I wouldn't want just any old terms an ex has asked for to be imposed on me without me questioning the reasoning of them or the practicality of them.

[islandgirl]

Yes good point - but if he does not wish to attend he could write in as suggsted saying there is no need for any order as he now lives x miles away and has no intention of contacting or being in the area of the ex partner but if an order is imposed although he disputes its necessity he is happy to be excluded from any contact with her or entering her street for example? The big issue I see is people "baiting" their ex partner who has an order against them by calling them up, contacting them, messaging them. Any reply and then they are off to the Police. Are you sure her intentions are not to do something like this? If so go to the hearing

[JacobB]

Is it likely to be not to contact the person and to not go to the person's place of work or Street. It won't be to avoid the town they live in will it?

[islandgirl]

It has to be "reasonable and proportionate". I would be writing to the court if I did not wish to attend saying that the terms should be not to approach ....(name) or comunicate with by any method and not to enter (street name) or go to (location of work)

[jaguarsuk]

Is it likely to be not to contact the person and to not go to the person's place of work or Street. It won't be to avoid the town they live in will it?

It could be if the judge decides it to be and that is why I am saying I wouldn't just want any old conditions decided in my absence.

You can get around the baiting issue by asking the judge to include in the order that if contact is initiated by the Applicant the Respondent cannot be in breach of the order.

[islandgirl]

I have never seen that added to such and order (though it may well be possible to do so!) Not something I have come across. How do you prove it?

[jaguarsuk]

I have never seen that added to such and order (though it may well be possible to do so!) Not something I have come across. How do you prove it?

Over distance the only way of communication is going to be electronic, as long as they don't answer a call any baiting has to be done via voicemail and/or written communication.

Anything is possible to be put into an order, you just have to ask for it. It then comes down to how the judge views what is being requested and if someone goes to court not objecting to an order being made it is quite reasonable that they would want protecting from any malicious actions that might arise from the other party abusing it.