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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 33281
Experience:  family solictor with 25 years experience
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Can you please tell me how can I withdraw non molestation

Customer Question

Can you please tell me how can I withdraw non molestation order against my husband. How long it will take.
JA: Are you in the UK or are you in the States? I'm trying to find the right lawyer for you right now. As soon as they are ready, I will let you know.
Customer: I am in the London
JA: What action has been taken so far? What's your ideal outcome?
Customer: I got non molestation order 1 month ago but now I want to withdraw the order we both decide we want to resolve this matter and continue this marriage
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to now can I withdraw the non molestation order if yes how and how long it will take
Submitted: 20 days ago.
Category: UK Law
Customer: replied 20 days ago.
On 4 of October I had domestic violence next day i called police and went to the GP as well.my worry how can I withdraw the non molestation order. And how
Expert:  Clare replied 19 days ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Are there any children involved?

Customer: replied 19 days ago.
No we don't have any children
Expert:  Clare replied 19 days ago.

What does the order actually say?

Customer: replied 19 days ago.
I am sending you the orders
Customer: replied 19 days ago.
2 pages
Customer: replied 19 days ago.
I just send you court order copy Please go through it. Many thanks
Expert:  Clare replied 19 days ago.

Are you sure you wish to have it lifted?

Customer: replied 19 days ago.
I am sure I want to withdraw the application
Customer: replied 19 days ago.
Please advise me how can I withdraw the non molestation order and how long it will take
Expert:  Clare replied 19 days ago.

You will need to apply to the court to revoke the Order using this form

https://formfinder.hmctsformfinder.justice.gov.uk/fl403-eng.pdf

and paying the fe eof £95.

Please ask if you need further details

Customer: replied 19 days ago.
In this form do I need to explain why I want to withdraw the order and how long it will take to withdraw the order
Customer: replied 19 days ago.
Please brief me thanks
Expert:  Clare replied 19 days ago.

In box three say something like

"xxxx has had counselling/advice/whatever and we have agreed to resume our relationship.

That will be enough.

It is likely to take up to four weeks,

Customer: replied 19 days ago.
Can I withdraw the order in fast track there is any way
Customer: replied 19 days ago.
Do we need to attend any hearing also
Expert:  Clare replied 19 days ago.

No I am afraid there are no "tracks" in the family Court.

You can put the application in and ask for an early date - but it is a matter of when the court has time to fit the hearing in

Customer: replied 19 days ago.
Do we need to attend any court hearing also
Expert:  Clare replied 19 days ago.

Yes you will need to do so

Customer: replied 19 days ago.
for that I will need a solicitor can you please help me.
Expert:  Clare replied 19 days ago.

No you will not need a solicitor - you can do it yourself

Customer: replied 19 days ago.
Where do I need to send this form
Customer: replied 19 days ago.
Did you read the order
Expert:  Clare replied 19 days ago.

You send it to the Court that made the Order - and yes I did

Customer: replied 19 days ago.
Actually I am on spouse visa and my visa is going to expire on first week of January 2017. If my husband will refuse me to get the extension of visa then can I apply the spouse visa
Expert:  Clare replied 19 days ago.

In fact as a victim of Domestic Violence you can apply for a Visa yourself

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/504900/SET_DV__03-16.pdf

Customer: replied 19 days ago.
I am sorry my question was if I will withdraw the non molestation order and then my husband will refuse to help me to extend the visa in that case also can I apply for visa as a victim of domestic violence
Expert:  Clare replied 19 days ago.

You can still try yes

Customer: replied 19 days ago.
I will try. Can you please tell me that there is strong chance to get visa after withdraw the order or just I can try might be I can get visa. Please advice me
Customer: replied 19 days ago.
I had a word with immigration solicitor and he told me if I will withdraw the application my case will become very weak and I will loose chance for the visa. My biggest worry is if will trust on my husband and he will cheat me then I will loose chance for visa. He know that my visa is going to expire on first week of January
Expert:  Clare replied 19 days ago.

I am afraid I agree with the immigration lawyer

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