Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
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.
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.