Recent Feedback
what can be done if i can prove only 1 out of 10 assault reported by my wife under non-molestation order is true?
Optional Information: System of Law: England-and-Wales Already Tried: solicitor / online search
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.-Could you explain your situation a little more?
FOR JOMO1972, My wife has served me non-mol order, though i dont want to do anything with her and absolutely welcome the fact that i dont have to be in contact with her at all, i miss my son who is 5. Under her application she has explained 10 situations where i assaulted her but they all cannot be proved except for 1, since she didnt goto doctor to get herself checked. now can i get the non-mol order revoked by judge
OK.If this was an ex parte application then there should be a date set down for consideration of the full order usually about 3 weeks in advance. You can attend on that date and make your points.However, it will be a complete waste of time to seek revocation of the order. Not that there are not other things you can do but revocation of the order will not happen here.You can get CRIS reports from the Chief Constable if the Court directs it but thats not going to happen here. Even if the other 9 points complained of are disregarded, if there has been one incident then there are grounds for a non molestation order.What you can do though is ask for revocation and offer the Court undertakings. Often that is accepted now as the family courts are actually fairly well aware of the fact that some applicants are manipulative. Also, this will not prevent you having contact with the child. I realise that will be her game here but it will not work. Just get a contact order and she will not be able to use this as an excuse to deny your child access to his father.All of that said, I am primarily a criminal lawyer and you may want to consider this. If this young lady is likely to make allegations to the police about you of a false or exaggerate nature then it doesn't really matter whether the non molestation order is in place or not. At least if you are charged with breach of a non molestation order rather than common assault you can elect trial by Jury rather than Magistrates who are much more likely to acquit if they think she is a manipulator.Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.Hope this helps. Please rate my answer OK SERVICE or above and then I will continue with this for free.
Experience: Bar Exams, over 5 years in practice.
I cannot understand your below statement can you please explain, considering she has filed for domestic assault and then she went for non-mol order? >>If this young lady is likely to make allegations to the police about you of a false or exaggerate nature then it doesn't really matter whether the non molestation order is in place or not. At least if you are charged with breach of a non molestation order rather than common assault you can elect trial by Jury rather than Magistrates who are much more likely to acquit if they think she is a manipulator.>>
Not sure what you mean? I'm not sure how to make it any clearer?I will be delighted to continue with this but please rate my answer OK SERVICE or above.
FORJomo1972, i have just rated, if that helps. Sorry for delay. What i mean is that my wife has has filed for domestic assault and then she went for non-mol order, so police are yet to call me for interview, but i know from her non-mol order statement that she has filed for domestic assault. So my question is:-Can you please explain your below statement?>>If this young lady is likely to make allegations to the police about you of a false or exaggerate nature then it doesn't really matter whether the non molestation order is in place or not. At least if you are charged with breach of a non molestation order rather than common assault you can elect trial by Jury rather than Magistrates who are much more likely to acquit if they think she is a manipulator.>>2. I have also received the application she has done for Residence order and prohibited steps order for stoping me to take my child away, i have threaten her to take the child away before but never meant seriously and she has no prove that i have threaten her. Does Child CONTACT Order forms a part of Residence order and prohibited steps order ?3, What should I do to protect myself against police when called for interview for domestic asssault? Since i know she only has prove for 1 assault?
Relist: Incomplete answer.The reply i received was incomplete, the barrister forced me to select "OK Service" before she will replied further, and after forcefully selecting "OK Service" i have not got her reply.My question is:FORJomo1972, i have just rated, if that helps. Sorry for delay.What i mean is that my wife has has filed for domestic assault and then she went for non-mol order, so police are yet to call me for interview, but i know from her non-mol order statement that she has filed for domestic assault.So my question is:-Can you please explain your below statement?>>If this young lady is likely to make allegations to the police about you of a false or exaggerate nature then it doesn't really matter whether the non molestation order is in place or not. At least if you are charged with breach of a non molestation order rather than common assault you can elect trial by Jury rather than Magistrates who are much more likely to acquit if they think she is a manipulator.>>2. I have also received the application she has done for Residence order and prohibited steps order for stoping me to take my child away, i have threaten her to take the child away before but never meant seriously and she has no prove that i have threaten her. Does Child CONTACT Order forms a part of Residence order and prohibited steps order ?3, What should I do to protect myself against police when called for interview for domestic asssault? Since i know she only has prove for 1 assault?
1 I can give you further information on this point but I'm not sure what you don't understand?2 Thats not really my area I'm afraid and it wasn't in your original post. I probably wouldn't have answered this if it had been as its not my area. You can get a contact order though despite that.3 There is no way of preventing her making allegations. The way to protect yourself is to make sure you are never alone with her and do not have any direct contact. Then it becomes harder for her to make false allegations. At least if the allegation is breach of a non molestation order then you will have the protection of a jury trial available rather than a magistrates court one.
"Thats not really my area I'm afraid" this doesnt help me at all. need my money back
Opting out since you have left a negative rating.
HiThe fact that you admit one out of the 10 assaults is enough to entitle your ex to a non -molestation order and the fact that you admit that you threatened to take the child means that she is entitled to a Prohibited Steps Order and quite possible a Residence Order of she has always had the day to day care of the child.You will be able to ask the Court for a Contact Order at the same time as the Residence Order is dealt with.If you are arrested on the assault charges ask for the duty solicitor and do NOT attend an interview without representationClaire
my stbx refused my undertaking so i will be filing for cross application for non-mol, i will use harrasment against me and my girlfriend. We filed for harrassment case against her in police, maybe that gives me an edge. i also want shared custody , what are thr possibility of me winning cross application?
HiHow has she harassed you?Claire
she made numerous phone calls to my mistress from from un-identified number etc my girfriend was very distress and sad, she has been wanting to get my girlfriend sacked and all
HiFrankly given the fact that you admit that one of the allegations is true then I am not surprised that she will not accept your Undertaking - she has no need to do so.The phone calls are unlikely to be sufficient to get you a cross order unless she is continuing to make them and you can prove it.So far as shared residence is concerned if your ex has always been the day to day carer of the child then this is what is likely to continue and you should concentrate on getting as much contact as possible rather than going straight for shared residenceClaire
well I have mentioned in my response that she is unpredictable and i have police complain number against her, she did domestic violence complain against me but police hasnt done anything till now, as they belive it may be tit for tat. which is in my favour, my mistress will also provide her statement in my favour, so i will file for cross applicatoin. i have portyared y STBX as unpredictable, person harrassing me and i am scared of her, this was the only way to get that bitch off me.
HiI wish you good luck with that - but it certainly will not lift the order against you; is unlikely to assist in your application for contact; and will probably be dealt with by way of Undertakings Claire