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non molestation ord...
 
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[Solved] non molestation order

 
(@jona2410)
Active Member Registered

Hi all not sure if anyone can help but my partner serves me with a non molestation order without my presence in court there seems to be no evidence of the claims with the order only her statement she then contacted me the day after how do I contest this when I go to the return court date she has called me from a withheld number and has text me to say she loves me she suffers with ptsd and whenever we argue ita as thoigh she sees her ex who severely abused her menatally and physically what should I take to court I have proof that certain claims are completely un true and any claims of violence have been nfa with police although niether time I was arrested did she actually ask that I be arrested the police took it upon themselves to arrest me can I deal with her solicitors directly and ask that the order be changed without going to court myself or qould I have to go to court as ive read on here that nmo can be a good way to help tumultuous relationships and I wantto reconcile with her and believe accepting an order which may help her as long as the wording Iis right could go someway to showingher not all men are like her ex

Quote
Topic starter Posted : 05/10/2016 2:33 am
 Yoda
(@yoda)
Famed Member

You will have to go to court to challenge this and will have to provide the court with as much evidence as you can. You won't have permission to file all the evidence straight away but you can lay everything down in a statement for the court to provide next steps. Have the evidence with you in case the court wishes to see it.
If she's calling you from witheld numbers, It might be worth recording your calls.

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Posted : 05/10/2016 10:12 am
(@jona2410)
Active Member Registered

What happens if she doesn't turn up to court becausethis Iis what she said when she rang me I dont think she fully understood the seriousness of this order and wanted some space as id been asking her to talk and due to the fact I send long messages and had a lot to say she did recieve a lot of messages one day this was in no way meant as harressment just me mearly trying to explain things to her I also apologised in the last message for the amount of messages stating I just wanted to things off my head non of these messages were threatening in anyway what happens at this first hearing if she doesnt attend can I offer an undertaking to the court or would it be ugurned or thrown out for her non attendance

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Topic starter Posted : 05/10/2016 4:13 pm
 Yoda
(@yoda)
Famed Member

It would be up to the court what to do next, whether they would re list it or make a decision without her there. If you're going to challenge it then do that first before accepting an undertaking.

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Posted : 06/10/2016 1:20 am
(@jona2410)
Active Member Registered

See im willing to take an undertaking as a view to it helping the relationship in the future im no saint and when we do row I might shout back but ive never and would never lay a finger on her but because of her past she seems to view all men the same so taking an undertaking I see as a good way of showing her people arent all the same and her paat cant repeat itself as she then has power to go courts and ask for arrest if I break it its me meeting her more than half way how do I stand with her xontacting me she has been in constant contact since the day after I was served the order I know I shouldnt reply but I love her and want things to work out this has been going on for 5 days there have been no harassment or abuse in any texts eitherway and also can I offer the undertaking without attending court thank in advance for your help

ReplyQuote
Topic starter Posted : 06/10/2016 1:30 am
 Yoda
(@yoda)
Famed Member

Hi, no, you will need to attend the hearing as far as I know.

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Posted : 06/10/2016 1:36 am
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