Removing a non molestation order

[Knobby107]

Hi guys any advice would be great
4 weeks ago I confronted my wife that I thought she was having a affair during the argument I broke a small tv my wife then grabbed my shirt coller I grabbed hers I then pushed a small cabnet over and walked out of the bedroom my kids both over 18 called police I was arrested for common assault but no further action taken on leaving police station was told wife doesn't want me back at house locks changed.
3 weeks later told eldest daughter by phone I was coming back under home rights law next day order taken out if I was such a bad man why take out order 3 weeks after event .can I challenge the order and have it removed?

[Amethyst]

There wasn't a need for her to obtain the order until you'd indicated you would be returning to the property.

Challenging the order is likely to escalate matters between your wife and yourself, and it's unlikely to succeed. I'd be looking more at some kind of mediation process to see if you can work together to sort things out. Sorting that out would have to be within the terms of the non-molestation order, and would be best in a neutral place with a third party professional mediator. https://www.relate.org.uk/relationsh...orce/mediation

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SandraF

[SandraF]

Hi Knobby, thanks for posting on this forum for an advice and guidance. I am uncertain whether or not you had the opportunity to attend the return hearing if it is a non mol and occupation order, as this is the procedure if the order was made without you been given notice. If you attended the return hearing, this would have been the opportunity for you to tell the judge the whole truth. You will then be advised by your legal rep to give an undertaken (a promise) to the court that this will not happen again. If I was advising you at the time, I would have suggested that she also give an undertaken to the court that she will behave herself. This was a confrontational event between the two of you and instead of her walking away to another room in the house, she grabbed hold of your shirt collar.

If the order has already been made without you been given the opportunity to attend a hearing, you must write to the court of your concerns of not been given this chance to speak with a judge. Having said that, check the wording in the Order, provided you have a copy, as it normally states what your rights are and what you should not be doing. Good luck.

[efpom]

https://www.gov.uk/government/public...ng-proceedings