UK Family Law
UK Family Law Questions Answered by Verified Experts
Basically i just need to know if there is a way i can get the non molestation order lifted and if i am in a position to defend what was put in the initial witness statement by my ex partner.
The order was applied on december 17th 2012 and is due to run for 12 months. the conditions of the order state that i am only allowed to speak to her for the sake of arrangements with my son. I am also not allowed within 100 yards of the family home. She told a judge that i left the house and that i moved into my mothers old place. This is a blatant lie as she knew the house is in a complete state of disrepair after a flood.
FOR JOMO1972 No, I was unaware of it until it was handed to me the day after she obtained it, by her brother. On the day she obtained it she actually told me she had got a occupation order. There was no mention of a non molestation order.
My apologies but i don't understand where the family aspect and the criminal aspect meet.
Does my ex's behaviour come under criminal or family? Does my request to overturn this order fall under criminal or family?
FOR JOMO1972Can i actually do anything to have my ex charged with wasting the authorities time and also for lying to a judge.
I have been asked to look at this for you.
You do not deny grabbing her it seems.
It is possible perjury but to be frank I wouldn't even bother raising the issue as it is unlikely to make any difference.
Even if you get the order lifted and move back in she will make up futureallegations and get another one, so I am not certain what you want to achieve.This has been to court already to fight the orders and it appears that youagreed to keep the non mol.
The police might agree with you to your face BUT they will not help you incourt.
The house in which i now reside was in a completely uninhabitable state at a time my ex told a judge it was mainly habitable. It had flood damage, no kitchen and central heating and had a large whole in the ceiling. In the months after I have tried to do the works necessary on the house on a very limited budget. I am unable to visit my son in his natural environment and it has been difficult to have him with me because of the works needed on the house.
I agreed to keeping the non molestation order but this was because my ex's solicitor threatened to have me charged with breaching it because we had met on a few occasions.
My ex is also threatening to stop me seeing my son altogether because of the DV she claims happened.
I would like the order lifted if only to prove my ex has lied and also to stop her from hiding behind this when it somes to our son
When we went to the court in January the order was already in place and had been for a month. I did not consent to the order. I was told i could have been in breach of it and face a possible criminal record if i tried to get it lifted. In hindsight i wished i had pursued it now given that my ex has tried to hav me charged again for breaching it. She was unsuccessful and it is this that has now given me the courage to want to get it lifted.