DAD.info
Forum - Ask questions. Get answers.
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

How recent does evi...
 
Notifications
Clear all

How recent does evidence need to be??

 
(@mikeburry)
Eminent Member Registered

Hi guys,

Just wondering how recent evidence needs to be when presented to the family court?

I have a non mol hearing coming up, i have evidence of when my ex turned up and attacked me 3 years ago. Just wondering if they will accept this or if this event is too old.

Thanks.

Quote
Topic starter Posted : 12/07/2021 8:11 pm
(@dadmod3)
Honorable Member

Generally the most recent evidence has to be up to two weeks old.  The statement with the non mol will include the history of abuse and this can go back as long as it takes.  Generally statements include the first, worse and last with a few others in between but not everything.

Is the non mol against you?  You can accept it on the basis of 'no finding of fact' so the order will be made.  That means the evidence in the statement is neither believed not disbelieved by the court.  Or you could offer to accept undertakings, again on the basis of 'no finding of fact'.  This is a promise to the court and any breaches are not arrestable.  You could also dispute the evidence given and ask for a fact finding hearing.  However, the non mol is likely to be be made in the interim.

ReplyQuote
Posted : 13/07/2021 4:23 pm
(@mikeburry)
Eminent Member Registered

@champagne

Thanks perfect answer. Im all good then. It isnt against me it is against my ex. Offered undertakings but court said it is to go to a contested hearing.

This post was modified 3 years ago by MikeBurry
ReplyQuote
Topic starter Posted : 14/07/2021 2:14 pm
Share:

Pin It on Pinterest