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Stuart J
Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 22400
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hi, I went to court today to apply for a non-molestation order ex-parte against my soon to

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Hi, I went to court today to apply for a non-molestation order ex-parte against my soon to be my ex wife (we already had the decree nisi). At the last minute the judge change to a female judge (yes great right!!) so after she read my application the female judge decided she wanted to hear my ex-wife’s side of the story. So now I have to serve the application and my statement to my ex and see her in court next week so the female judge will hear her side of the story and make a decision to grant the NMO against or her or not.
I just really want a male judge and definitely an ex-parte hearing so I don't run into her and I just want my ex-wife to contact me only through our solicitors and stop texting and calling me and harassing me. My questions are:
1. Since I want to avoid seeing her at all, let alone in court, can I withdraw my application with the court and obviously not have the application served?
2. After I withdraw the application can I go to a different court town and file it
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.

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On what grounds are you seeking the non-molestation order?
Customer: replied 3 years ago.

I made a statement which included assaults, damage to my personal property, harassment by telephone and text, also I mentioned harassment of my mother (she occupies an annex next to the main house) - some of this has been reported to the police some not.



You cannot specify that you want a male judge or a female judge
because that is sex discrimination.

If your ex-wife is texting and harassing you, go to the police
and ask them to warn her under the Protection from Harassment Act. Your mother
should also make a complaint. I can see no reason why this should not all be
reported to the police.



You can then go to court with incident numbers from the police
reports and they will assist your application. The fact that you have not
reported all these incidents to the police does not go in your favour.



It will be heard at the Court were all the other proceedings have
been heard and you should not apply to different court.



Does that answer the question? Can I answer any specific points?

Customer: replied 3 years ago.

1. Understood on the male/female question.


2. Can you clarify can/should I withdraw the application so that I can gather additional data?


3. I have police references for several incidents I assume these should be added to my statement.


4. Do these ever get heard ex-parte - as I do not want to alert my ex to these proceedings at this time?



An EP Without notice application is usually made only in respect of an
emergency application and then, the order would only be temporary.



You can always withdraw the application but in all honesty, you
may be criticised for doing so because if you now want to gather more
information, you should not have made the application in the first place.



The police incident references should be referred to in the
statement.

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