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Dear All 'Dad Info'
Need advice as to how to represent ourselves My son 31 has been served non molestation order, with lies about severe domestic violence against his partner, and they both have 2 wonderful children 5 and just over 3 years old. I have read some of the threads with others going through trajectely the emotional despair of having to fight against not only the other parent also the courts; to prove their innocence. Anyhow we will hand in hand go into to court together very blind as to what to expect?
Can someone offer guide as to after my son inform the courts contesting the non molestation order will he be asked in the half an hour hearing to provide any evidence that day or is he able to provide evidence or is that another court date?
Can someone say what strong evidence other than testimonials or text messages help build his credibility and her lies. We have pictures, neighbours witness testimonials of living without suspected domestic violence, we have my testimonial of seeing and being around them weekly for more than 2 years. She has committed online fraud and under investigation for the alleged identity fraud in his name, it may take the police some time; however he is left with her debt. More importantly she is looking to put in a prohibition order and as supposedly has been beating her regular monthly over years and at risk to his children. Bull...t I absolutely am horrified at her lies, simply of her anger and own opinions and their relationship is totally un-reconcilable.
What are the steps for guidance when he represents himself for the first time? What is he best saying? What is he allowed to say or give to the courts? What is he to expect after from the judge? How long to the next court hearing and what will he need to do, is it then he provides evidence about her untruthful statements and give testimonials for himself?
ADVICE AND HELP GREATLY RECEIVED
Gran Mother and Helpless Mother to a distraught Father.
Hello and welcome to the forum
Applying for non-molestation orders and making false allegations is very common place unfortunately.
The half an hour hearing is your son's opportunity to put forward any evidence to dispute the points in the mother's statement that you will have been given a copy of.
The best way to respond is to make sure the numbered points on his statement correspond to the numbered points in her statement. Any additional points you wish to make should go after you have responded to all the mothers points. If you have any evidence to support the point you are writing about, refer to the evidence by a page number and attach this to the back chronologically, and then you take this statement with you on the day.
You won't be allowed in the court room with your son. Taking someone in with you that isn't a barrister or a solicitor, is called taking a McKenzie Friend. A McKenzie Friend can either be a professional person, or a colleague / acquaintance, but it has to be someone with no personal interest in the case. More information can be found in the link below. Very rarely a court will allow a family member, but this is rare and the other side can object on the grounds of having a personal interest.
When your son arrives at court, he will need to take 3 copies of his statement and any evidence - one for him, one for the judge, and one for the mother. You hand 2 of the copies to the usher.
There are a series of videos you can watch to help with attending court.
https://www.youtube.com/user/nofamilylawyer
Don't go OTT with witness statements from other people, focus on text messages or emails that challenge what the mother is saying.
The judge will read the statements and ask questions and then discuss next steps. They could ask the mother and father to accept undertakings, which are a promise to the court, and that would be the end of the matter, or, another hearing can be ordered to look at the matter further. If there is to be another hearing, it would usually take place 4-6 weeks later.
Best of luck
I REALLY REALLY WANTED TO SAY A MASSIVE THANK YOU! to the support and feedback that was very clear of what to expect on the first visit up in front of the court for a non molestation order. Those that do not know what to expect can read this feed and have good advice as what to expect.
We have need for further support through this dilema and horror story!!!
So we now have a final on 1 time court hearing on the 11th September, my son asked the court to seek contact with his children, However it was left with the court leaving the request to the applicants solicitor to ask his client as to whether she would be prepared to permit contact with his children she can reply whenever she wishes and it under no legal obligation to do this under time restriction. My son has an agreement order ready to be sent off to the courts to gain parental agreement and coordinate time and responsibility as a father.
So, now he has to put in evidence (he has/we have no much funds to pay for a solicitor) to negate her allegations of the non molestation order. He is busy putting and asking for as much support from all family, social connections and neighbours to provide evidence to her allegations.
Also COULD WE PLEASE ASK FOR SOME LEGAL ADVICE and Protocols Procedure:
Do we have to give to the Applicants Solicitor the evidence that has to be submitted to the court (11th August 2017) OR do they like us have to request this from the courts themselves as we may have to? Or is it normal practice for each party - Applicant and Respondent to send evidence to each party??? which courts set a deadline for, to proceed with the final court hearing 11th SEPT.
Regards Genny Gran Mother and Mother or a son in need!
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