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
Hi.
1. former partner made false accusations surrounding domestic violence in June 2019 of which I was arrested, bailed and NFA'ed in December 2019.
2. Former partner applied for a Non Mol in July 2019 of which the first hearing was in September which I could not attend, the next in December which I could not attend (busy bee I am) and then the final one on the 10th January 2020.
3. Former partner agreed there had been no contact since June 2019 of when I was first arrested and nothing has happened to her since.
4. 3 Lay Justices ruled that she had suffered 'coercive and controlling behaviour' and decided to extend it another 6 months - much to my bizarre dissapointment.
5. I am now in the process of appealing this to the Higher Courts to a DJ/High Judge as
The following three principles should be considered by a court in deciding whether to grant a non-molestation order:
There must be evidence of molestation (C v C (Non-molestation order: jurisdiction) [1998] 1 FLR 554). This can include acts and threats of violence, abusive communication and harassment.
The applicant or relevant child must need protection.
The court must be satisfied that judicial intervention is necessary to control the respondent’s behaviour that is the subject of the complaint (C v C [2001] EWCA Civ 1625).
^ I find it ridicoulous that nothing has taken place in the last 7 months yet they choose to extend it by another 6 months!
I have also complained to the Judiciary explaining that the Lay Justices have not ruled correctly on the matter and there is clear sexual discrimination and a breach of the Equality Act 2010.
We have no children, the former partner is simply preventing me from chasing up a debt approx £11k of which my solicitor has told me we cannot pursue until the NMO is out of the way.
Nonetheless, the NMO will be appealed to the highest level as these false accusations and BS often conjured up by women cannot simply be allowed without any resistance.
Unfortunately the inept Judges believe them simply because they are a woman and my solicitor said 'when a woman speaks, its automatically assumed what she is saying is true and factual'
Thanks.
It’s approx 4 months since the matter of my original posting. A DJ ruled that he could not understand how lay justices care to their decision and ordered a new hearing which was meant to be on the 23rd.
Unfortunately because of the lockdown I was not able to attend but I have contacted the court several times for a new date.
This time I am armed with more evidence and I intend on claiming costs aswell as if potentially losing taking it further if neccesary.
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.