How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Judge Your Own Question
Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 33036
Experience:  Award winning lawyer with over 15 years experience
27487359
Type Your UK Law Question Here...
Thomas Judge is online now
A new question is answered every 9 seconds

I have just been served with an non molestation order, the

Customer Question

hi
i have just been served with an non molestation order, the case was heard two days ago and my ex partner was last night still speaking to me via facbook, i need some advice on this as her statement is making me out to be a nasty person and last night she said that nothing had happened between us and i have that printed from facebook.
chris
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas Judge replied 2 years ago.

It sounds like this was an ex parte order and now that you have been served you should not contact her as she can have you put in prison for contempt of court. There should be a return date for the next hearing so that you can defend yourself - you should do this - you can also show the court these Facebook comments which will be a big factor in supporting your position. Happy to discuss = please rate positive.

Customer: replied 2 years ago.
i only was served with the paperwork yesterday evening (sorry i didn't see the time had gone past midnight) so it would have been Wednesday night she was messaging me, this started because her son said i broke his arm on holiday 5 weeks after it happened and the school called in social services, the police dropped the case as there was not enough evidence. she split with me a week later and left the property the next day, she hasn't come back to the property and i haven't seen her. she has even said in her messages there has not been any violence towards her and she does not believe it happened, we were taking through message about her coming back with the kids and were due to meet up then suddenly she asked me to stop talking to her yesterday morning
Expert:  Thomas Judge replied 2 years ago.

I see. The problem that you have is that the order is now effective. If you contact her then you can go to prison. Please rate positive

Customer: replied 2 years ago.
it is a joint tenancy property and the council will not help her get a place, the application was also for an occupation order but only the non molestation order has been served on me, so does that mean they didnt hear the occupation order?
Expert:  Thomas Judge replied 2 years ago.

Yes that would appear to be correct - otherwise they would need to serve that on you as well. Please rate positive

Customer: replied 2 years ago.
there is a hearing in two weeks should i get legal representation or not as i dont really want my name looking bad especally when i havent done anything, it seems to be very one sided at the moment
Expert:  Thomas Judge replied 2 years ago.

Then I would certainly suggest that you get representation - you either want a solicitor or a barrister (there is something called public access which means you can go to a barrister directly. There are books on amazon on how to represent yourself in the family court - but I would for something like this suggest that you get a lawyer. Please rate positive

Customer: replied 2 years ago.
what would be the likely costs in this as i am on limited funds etc, she gets legal aid which of course will put me at a disadvantage. do you think i should leave the family home at the moment? would this go against me?
Expert:  Thomas Judge replied 2 years ago.

i would only leave the property when you are happy to do so - the costs are normally about £1000 - happy to answer additional questions but please rate positive

Customer: replied 2 years ago.
i will do in a sec but it finishes the conversation when i do, how easy is it to have this overturned as have in messaging that she has said:she doesn't believe i hurt her child (bear in mind she was sat next to me when he hurt himself)
the report of violence was towards her son not her like she has claimed in her witness statement to the courtand that she was sorting out with me to move back in on Wednesday night despite knowing about this order had been granted.
Expert:  Thomas Judge replied 2 years ago.

The conversation will continue. The fact that she moved back and was contacting you rather shows to the court that she does not need the order and will make it easier to overturn. Please rate - thanks

Expert:  Clare replied 2 years ago.

Hi

Thank you for your question

Sometimes it is necessary to understand what else is happening that will have led to this

Please be aware that Social Services will be placing a great deal of pressure on her to prove that she has ended your relationship under the threat of her child/children being removed form her care.

She will have to prove that she is taking every possible step to allow her to return to the property with the children and forcing you to leave - this will no doubt be what the applictaion is really about.

The Occupation Order was not granted ex parte (without notice) as depriving you of a home is a serious matter and you are entitled to give your arguments to the court about why it is not fair

Whether or not you should move out depends on the age of the children and the value of the property or identity of the landlord

If you are able to resolve the housing issue then at the hearing you can ask that the non molestation order is lifted completely - but you do need to have an understanding of how Social Services would react to that IF any of the children are also your children

Expert:  Thomas Judge replied 2 years ago.

I am pleased that my colleague has agreed with my comments. I would still recommend that you get a barrister or solicitor to attend at the next hearing to resolve the issues where it may well be simply suitable to resolve on undertakings (which are promises to the court). Please remember to rate positive

Expert:  Clare replied 2 years ago.

Your position is considerably more complex than that - an undertaking will only be acceptable IF the housing issue has been resolved

Expert:  Thomas Judge replied 2 years ago.

Well you have a lot of options and opinions

Expert:  Thomas Judge replied 2 years ago.

I hope this helps. Please rate positive