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Hi, I am looking to find some help to understand how a non molestation court order works. My situation has gone from being acquitted on two charges of domestic abuse. Common assault and controlling behaviour to a non molestation order to appear in magistrates court next week. All of the accusations that I was acquitted for are being used in the court order and for the court hearing. The hearing is a file for divorce based on domestic abuse, however I was acquitted of domestic abuse, which confuses me why they can still use these lies against me to put a restraining order on me, preventing me from going anywhere near my ex wife. This in turn has also had a snow ball affect regarding my children. I haven't had contact for 12 weeks and I have been issue another family court order regarding petitioning against my daughters access to me. Does anyone know what my options are in finding representation and advice as I am on ESA due to illness and I have no money to pay a solicitor, plus legal aid won't except me? Kind regards
Hi there
I've moved your post into it own thread, it's not a good idea to tag onto older threads as it will often get overlooked.
Unfortunately there's a difference between a case in civil court and one in criminal court. The standard of proof is lower than in a criminal trial, the applicant in a civil case ( such as a non mol) need only to prove their case on the balance of probabilities in order to succeed.
You can contest the non mol order, offer as much evidence as you can, it might be a good idea to write a brief position statement to tell the court your side of things.
Unfortunately legal aid is no longer available for civil/family law cases, but it's perfectly acceptable to self represent, some court have a Personal Support Unit if they have one where your case is being heard, they may be able to assist you, other than that your local Citizens Advice Bureau may have a list of McKenzie Friends that could attend with you and give you support.
Best of luck
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