[Solved] Non Molestation Order

I have been through this if there are witness and the police have been involved best not to contest this but try to agree to an undertaking.

If this is a one of occurance he maybe able to contest the order, but if not no case.

Talking loudly to some one is common assualt.

Best to say it was a one off occurance will not happen again will comply with the conditions of the order.

Put all of this in writting and delivery to the court before the hearing get yourself a Mackenzie friend £75 to 90 per hour.

Have a look at a C100 form as grandparents you need to be recongized as an intetested party.

Look at separated dads as well.

I am sure that others can give you better advice but know how you feel.

I'm confused between the evidence to be handed in before, and the position statement which he reads out in court which is where he apologises I thought, but your saying his admission should be written and delivered? Thanks for help.

Hi there

The hearing in a couple of days is about the non mol I'm assuming, is there an ongoing case for child contact? If not I'm not sure the judge at the nom mol would want to deal with child contact.

The fact that there was a physical attack, slap or punch, the outcome will be the same. I think as he is going to admit this happened he should accept the order, I doubt an undertaking would be offered.

I'm not going to lie to you, the fact that your son has used physical violence against his ex will make getting contact much harder. The fact that he has attended anger management and is having counselling is good but I doubt it will change anything in the short term. He will have to jump through many hoops to satisfy the court.

I suggest he prepares a brief position statement, in it he can mention that he has undertaken anger management and that he has the evidence with him to support that, if the court wishes to have sight of it. As a position statement is meant to be a short two page statement, attaching evidence to it isn't permitted, but mentioning any evidence that he has in support of his case in the statement and having that evidence with him is ok.

If the nursery is used to dealing with him and it's part of the child's routine to have him pick the child up, he could ask the judge to review this particular direction. Whilst he had been violent to the mother, if there's no evidence that he is violent with anyone else he should point that out and reassure the court as much as possible that he is no risk to his child or the nursery staff.... he can try.

He could ask the judge in court if his parents could facilitate and supervise contact, being the third party with his ex, hopefully she will agree to that. Make the point that he is used to being with you all three days a week and that routine has been in place for 2 years, keep it child centred and talk about how closely bonded the child is with his father and wider family members.

I fear your son will have an uphill battle to get the same level of contactif the mother doesn't want it. That said, with a lot of time and effort, he may be able to get things back on track.

All the best

There is no ongoing case for child contact at the moment, just this one provision in the non mol for the nursery, the child finished nursery education last week, so its all a bit odd. Thanks so much for your help, very clear advice.

As the child has finished nursery, it does seem odd that it has formed part of the order. It might be best left alone, the judge could change that to refer to main stream school, if it's brought up.

it might be a good idea for your son to submit a new application to the the existing case, he would be applying for a Child Arrangements Order for contact and he would need form C2 to make the application. It would be quicker than letting the non mol case close and then making a fresh application under a new case number, where it could take longer to get a hearing date.

Generally a judge won't hear a contact case whilst a non mol case is ongoing, but the non mol case for your son is likely to be concluded at this next hearing, so the application for contact can flow on from that.... hopefully. I'd get the C2 form in tomorrow first thing, taking it to the court in person, along with the fee.

All the best

So he goes to court for the non-mol, no legal support . His ex and son are there. At the same time the police turn up at our home to arrest him. In court his isn't given the time to read his statement - hours of work ignored. The injunction is served against him. As he is leaving his son comes running to hug him, after a time her solicitor tells him "Thats enough now"

Next day he goes to the police station as requested, is held for 14 hours and charged with "assault by beating". The girlfriends statement confirms she was shouting and also physical. We have two weeks to keep him from going to prison. Not sleeping well.

I’m so sorry to hear this, the fact that he hit her makes everything so much harder for him. I think his best defence is to be as remorseful as possible, to be honest and agree to attend a DVPP (domestic violence perpetrators programme). If he has no criminal history of violence, he may avoid prison, a criminal court will look much more thoroughly at mitigation I’m sure.

Whilst a criminal case is ongoing, the court won’t look at Child Arrangements. However, even with a conviction he can still try and get contact up and running again, admitting guilt and attending the programme form an important part of that process.

All the best

thanks, i need more advice will post again

Best of luck