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Hi all,
If I except an undertaking will this affect my career in the care industry? As I know a non molestation order will and was wondering if they are basically the same thing?
Can you please provide some further detail so that we can advise accordingly. Why are you even contemplating taking an undertaking?
As far as I am aware, non molestation orders do not appear on any DBS back ground checks so you should be ok. They are not criminal convictions so do not show up. Unless you were charged by the police for anything (violence etc) these will show up rather than the non-mol.
My heads doing overtime don’t know what to do I only found out yesterday. Dont know wether to challenge it and deny all her false allegations and counteract with my own. I Could win or could still end up with the non mol. Was wondering what the undertaking entails and would it be a better option. After the 6/12months is that the end of the undertaking?
hi,
do you have any children?
here is some general info about non-mols and undertakings:
What is challenging the order actually going to achieve? Many respondents feel aggrieved when they see that a person (typically an ex-partner) has sought to take out a court order against them on the basis of what they say are vicious lies. With that, many people opt to fight against an order simply because they do not want the applicant to ‘win’, or for their own name to be blackened. However, a respondent should always consider what challenging the order is actually going to gain.
If a person opposes the order and succeeds in proving the applicant wrong, it isn’t like you see on the television and everyone is suddenly aware that the ex-partner has now been branded a liar, with the respondent being able to hold their head up high. What it does do is create further animosity between the parties (which can be particularly unhelpful if there are children involved), as well as adding pressures of both time and money. Instead, a respondent can either not oppose the order or agree to undertakings (which is a promise to the court not to do things) on the basis that they do not accept the allegations that have been made against them – this avoids the need for a contest, shows the court you are not simply in it to prove the applicant a liar, and inevitably is only preventing a person from what they should not be doing anyway (i.e. assaulting the applicant).
An undertaking is like a "legal promise" you just have to do what the order says for 6 months such as do not contact your ex, do not threaten them etc etc. It is a lighter version of a non-mol, but if you breach this, you will go back to court and they will then place a non-mol on you. If you breach the non-mol, you could face prison or a conviction of some sort.
I had a non-mol placed on me as my ex would not agree to an undertaking, so it was placed on a no admissions basis with no facts or finding made against me. I could easily not contact me ex for 6 months, i had no interest to do so.
An undertaking is like a "legal promise" you just have to do what the order says for 6 months such as do not contact your ex, do not threaten them etc etc. It is a lighter version of a non-mol, but if you breach this, you will go back to court and they will then place a non-mol on you. If you breach the non-mol, you could face prison or a conviction of some sort.
I had a non-mol placed on me as my ex would not agree to an undertaking, so it was placed on a no admissions basis with no facts or finding made against me. I could easily not contact me ex for 6 months, i had no interest to do so.
I'll add a quick bit to that - it's a legal promise to the court. If you breach it, then it's contempt of court, and get a judge on a bad day, they don't like people being conteptuous of court.
An undertaking is like a "legal promise" you just have to do what the order says for 6 months such as do not contact your ex, do not threaten them etc etc. It is a lighter version of a non-mol, but if you breach this, you will go back to court and they will then place a non-mol on you. If you breach the non-mol, you could face prison or a conviction of some sort.
I had a non-mol placed on me as my ex would not agree to an undertaking, so it was placed on a no admissions basis with no facts or finding made against me. I could easily not contact me ex for 6 months, i had no interest to do so.
did this mean you could not see your kids for 6 months?
I have 1 son who is 5 months old. I have not seen him for 7 weeks since I left her. She had me arrested for assault the day after I left but I was released without charge.
She has made a compelling story against me to the court it makes me sick to the stomach. This woman has put me through psychological and physical abuse for the last 2 years and I am glad to be rid of her! If I have to fight this I will be on my own in court as I have no money for a solicitor. Just wondering if anyone can have an undertaking if they have a non mol order against them as I don’t want to waste my time fighting in court to get nowhere anyway and I can gladly stay away from this woman for the rest of my life! I’ve done it for the past 7 weeks already and that’s what is probably eating her up as she is pathologically jealous and no longer has control over me. Like I said I haven’t seen my son all this time either as she won’t let me so even seeing him for a short time every week would be better than this. Just don’t know what to do for the best
I am still waiting for this non mol order to arrive. Was only made aware of it yesterday. How long do they usually take?
I didnt see them for longer. The thing was, i had a solicitor with me, I was going to contest it but my solicitor said I would not be able to submit c100 until this non mol hearing was out of the way *not sure how true that is* she asked me what is most important and I said i wanted to see my kids. My ex said i could see them at a contact centre until we go through courts about seeing the kids, one the non mol was placed on me, she changed her mind and said I couldnt see them, I was properly stitched up. I kick myself every day for not contesting it, this mess would have been sorted so much quicker once they saw what a liar she has been. But i will get that chance next month.
It depends if it was done urgently, you should het it by a courier and they confirm you have received it. It will then have your ex's statement in there about what she has accused you of and a date for the hearing too. There will be guidelines you will have to stick to until the hearing, so whatever it says in there, make sure you stick to them otherwise you can get yourself in trouble,