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Jo C.
Jo C., Barrister
Category: UK Family Law
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Experience:  Over 5 years in practice.
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I have been served a ex parte injunction

Customer Question

I have been served a ex parte injunction in which my ex parter wanted a 6month period. she called the police on 3 occasions 4 years ago, however I was not arrested. She made allegation I was abusive and hit her in face while pregant in 2012 however this is not true, no police involved. The recent in incident was 2 weeks ago, where she said her sister forced her to call them. however again she lied to them, and the assult charge was dropped againist me by police not any evidents. after this my ex invited me over the house 3 times, up to the day before the injuction was served. I recorded the first night, where she said I can have the children and saying things like I dreamt i was pregrant etc . I also had the children the week before on my own. and me and ex went to a concert two weeks prior to this and came back in the night. her dad takes her out for the day and then she changes how she speaks to me threatening and being nasty. I have texts, audio, and video of her staying she going to kill me in her anger, her texts to me have been abusive over the past 5 months and then nice to me, and I have reply with nice thing like saying lets talk, why u being like this. what chance of the injuction being dropped I have been given a 3hr court hearing to oppose this we been on/off for 8 years


 


she has said i could intentionally or unintentionaly kill her, and that im threat to assault her, so she wanted a exparte


 


i have no criminal record and work with young children and vunerables adults 

Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question
I shall do my best to help you but I need some further information first.
What specific allegations has she made?
Claire
Customer: replied 1 year ago.


Throwed a hifi on floor in 2006

2006, I dragged her across gravel and try strangle her, police called due to arguments, both intoxicated, no statement or arrest made.

 

I loose my temper and unpredictable

 

We had argument and mirror got broke, police called no arrest or statement by me.2008

 

2009 - I broke home phone so she could call police. threated and grabbed her. called police again no arrest

 

We have broke up 4 times in 8 years, but this time however temped I cannot resume the relationship , due to the applicant behaviour

 

2012 suffered mental abuse and hit her in face - no police involved or called

 

I would break suddenly in car if we had an argument.

 

17, July 2013 grabbed her mouth and picked her and threw on sofa, police arrested me, no evidence, she went to doctors about pain in rib and legs,

 

The next time the the respondant might intentionally kill her or unintentionally. I must protect me and the children

 

I apply for the exparte without notice as he might physically assault me

 

we have broke up 4 times for few months each time, however I cannot resume the relationship however temped I am as I have to protect myself and children.

 

I cant remember everything as I tried to block it

 

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

she wanted a 6month injunction, however I contested due text me to come over which did past 3 days before it was signed, and had the children week before. she arranged for me to have children which I recorded one of my visit, she text me being nice up to the morning of the injuction, then change her tune, and started threating me me, saying she get someone after me and .last message was 'you picked wrong person to play with' then received injunction day after

 

Expert:  Clare replied 1 year ago.
Hi
Are you willing to simply give an Undertaking not to contact molest her etc?
Claire
Customer: replied 1 year ago.


could I speak to her with an undertaking, her father took her to the solicitors without her being aware, I don't fink she want this but is scare about her father

Customer: replied 1 year ago.


we were getting on fine every days before this injunction was served. and texting nice things over the week before

Expert:  Clare replied 1 year ago.
Hi
Have you ever tried family Mediation?
Claire
Customer: replied 1 year ago.


Well she has the injunction ex parte on me at the moment, could she dropped it ?

 

it hasn't gone to court yet, so it a temp without notice

Expert:  Clare replied 1 year ago.
HI
Does that mean that it has never been tried in your case?
Claire
Customer: replied 1 year ago.
I have to go back court as need give evidence she lieing in her statement

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Jo C.
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