Hi all,
My ex is using the classic play of fabricating a ‘push’, falsely claiming coercive control and has made an applications for Non-Molestation and Occupancy Orders.
I realised I’d been set up when I found out she had seen a family solicitor 6 months before splitting up was even discussed, so made some covert recordings at home to expose the lies and manipulation. Some of these I provided to the police as evidence of her attempts to pervert the course of justice, but they just logged them as domestic matters.
I’m planning to defend the Orders but only an hour has been allocated. Are the recordings admissible, and how much time, realistically, will I have to put my defence forward at Court?
I think if you mention recordings, it will likely be used against you as example of controlling behaviour. You can write a 2 page position statement, stating why you think those orders should be rejected.
if you oppose the application at the first hearing, then there will be a fact finding at a later date and you can explain in more detail why you don't agree. However, the orders may be made in the interim. Are you still living together? Do you have somewhere else to live? You can get information on the process on the advicenow.org.uk website. If you want to avoid court hearings you can offer undertakings regarding the non molestation application. The court may not wish to leave both of you in the house together. The occupation order application may also include a request that you contribute towards the outgoings depending on the situation. There will be different outcomes if children are involved.
Thanks. She’s already aware of the recordings as they were provided to the police as evidence of her trying to bully me out of the house (putting itching powder in my bed, turning the kids against me by telling them I’d ‘gone mad’ and wanted to ‘take their house away’ etc).
We were living together until I was away recently on a business trip. She moved all my belongings into storage at an undisclosed location and changed the locks. She then sent me a demand for money in exchange for my things, threatening to sell them if I don’t pay. I reported this as theft / blackmail but as expected, the police aren’t interested. I have rented a place to live which is suitable for the kids.
The recordings were for defence purposes and I was very open with the police - they took copies so were fully aware. The evidence contradicts most of the issues raised in her witness statement and even exposes ‘coaching’ from a former WPC and admissions that the allegations are false. They’re pivotal for my case, so I’m looking for advice on how to ensure they’re included.
You could use the demand for money as part of your evidence. You may need some legal advice regarding the property. Is it owned or rented? Do you both own/rent it? Are there children involved? If you feel you are a victim of domestic abuse you can get support locally. Just google it or ask at your local council.