[Solved] Are all Non-Mols the same?

Thanks for the great ideas. I'll try find out if I can go to the property with a mutual friend when she is out.

Will check on whether she would accept undertakings. That would be great for both of us. Just wondering though, isn't it up to the judge whether to accept an undertakings? Or could the two parties just both agree and that's that?

The judge would have to agree, but if she’s willing it would make it easier for the judge to do so. It’s not a done deal but worth a try.

Hi,
From my partners experience, if you want to contest but not have to go through all the hearings etc you can say that you do not accept the allegations but moving forward you will accept an undertaking as you are confident you will not breach it. However i would ask for it to be served to both parties.

An undertaking option will be dependant on how serious the incident was and evidence provided. My partner's ex had no evidence but he still agreed to an undertaking on the basis that his ex will also sign a mirrored undertaking as he didnt want the stress of the hearings to prove otherwise. I think both parties agreed in his case to have a mirrored undertaking and so the judge also agreed.

I think you can still ask for certain conditions to be in place (for undertaking or non mol). I.E explain there are children involved and therefore have it written like so:
XX must not attempt to enter my home and should only go to the outside of my property for the purpose of dropping or collecting child which will be set out in the child arrangement order.
or:
XX must not telephone, text, email or otherwise contact or attempt to contact me, except for the purpose of arranging child contact

Good Luck

Thank you Ldad!

I can't get through to the court on phone. Would it be sufficient just emailing them with a request of undertakings or would I need to go in person in front of a judge on the hearing date?

It’s essential you attend.

The reason I didn’t suggest a mirrored undertaking is because she was hurt, this is likely to be taken into account and may be the reason a judge won’t accept an undertaking. However if she also states that she’s happy to accept it, it may sway the judge.

As with all cases, it’s impossible to predict the outcome, as all cases are different and judges will have differing methods of dealing with certain situations... bottom line, good judge, good result.