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Hi guys,
I have been served an ex parte non-mol order. Unfortunately it seems she does have grounds to serve this on the bases I was texting "too much" about seeing my kids. All messages were with regards to seeing my kids but some did say that I would go to the house etc. To be honest, I was lost and I was terrified of loosing my kids.
Never once did I threated violence or anything even close.
Anyway, long story short, I have to represent myself in court on Friday and was wondering if anyone knew how I would even go about doing this? Most of her claims are straight out lies or information left out to make me seem like the bad guy. Obviously I cant dispute the messages but im hoping that the judge will at least understand it was out of character and came from a understandable place.
If anyone has ever been through an ex parte initial hearing id love to hear to process and what im to expect. Im not wasting money on solicitors, at least not at this stage.
Any help would be greatly received.
Hi,
This happened to me too, it was all lies too. I was represented, but I am sure you will get a chance to discuss this with her solicitor. The usual options are; Admit it and accept the order, ask for a legal undertaking, this is more of a "legal promise" there is no non-mol placed on you, but you must not contact her for 6 months (or for however long) Or you can contest it. This could mean you wait months for this hearing, in this time, you probably will not see your kids until this is out of the way. Like you say, if she shows all the messages you sent, aggressive or not, they will look at it as harassment?
Mine was placed on me on a no admissions basis with no facts or findings made against me. So I wasnt classed as "guilty" but I had to obey the order for 6 months, which was easy, as i just had to act like myself for 6 months.
If all her accusations are you texting a bit too much you’ll be fine . Keep the messages . If the court ask for a Scot schedule you can easily proove what you have sent . Worst case accept an undertaking that you won’t communicate with her apart from re kids
Hi,
This happened to me too, it was all lies too. I was represented, but I am sure you will get a chance to discuss this with her solicitor. The usual options are; Admit it and accept the order, ask for a legal undertaking, this is more of a "legal promise" there is no non-mol placed on you, but you must not contact her for 6 months (or for however long) Or you can contest it. This could mean you wait months for this hearing, in this time, you probably will not see your kids until this is out of the way. Like you say, if she shows all the messages you sent, aggressive or not, they will look at it as harassment?
Mine was placed on me on a no admissions basis with no facts or findings made against me. So I wasnt classed as "guilty" but I had to obey the order for 6 months, which was easy, as i just had to act like myself for 6 months.
so did that mean you could not see your kids for 6 months??
Well, that was the plan. It was discussed in court that while we wait for the C100 forms to be processed, my ex said I can see them at a contact centre. The following day the contact centre called me ex and she changed her mind.
I was advised not to contest it as it would drag on for months, all i wanted to do was see my kids. So I did not see my kids at all during those 6 months. I am seeing them now at a contact centre, final hearing is in a couple f weeks or so. In total, i had no contact with my kids for nearly 8 months
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