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Hi,
I currently have a few basic questions regarding a Non-Molestation /.Occupation order which was served to me a couple of days ago due to my ex-girlfriend making up a bunch of accusations; mostly stating that I am emotionally abusive which is not correct in the slightest. It's in fact her that is abusive and she has physically assaulted me several times, which I've documented in my version of events and I've forwarded them over to the court with my case number. Not once have I laid a finger on her and she admits this knowing it's true. I still live with this ex as we only split a month and a half ago and have a joint tenancy agreement.
Anyway, the questions I have are as follows and I am hoping someone can shed some light here:
1) The order was delivered to me without me even knowing what was going on which I know can be done but on the morning it was handed over, I was in bed asleep due to working late the night before and my girlfriend invited the bailiff whom delivered it into our home where he walked into my room as I was asleep and threw the papers at me as if I were a piece of rubbish. Is that allowed? I find it awful that not only am I being accused of things which aren't true, but for someone to barge in like that and throw something add me had really made me angry.
2) Upon asking my ex why she took it this far with lies, she responded saying she did it because I said I was going to do it to her. I never once said this. To be honest, I never even knew what a non-molestation / occupation order was as naive a that made sound. Should I mention this in court?
3) Her accusations are untrue and far-fetched but she herself has hit me, kicked, spat at me and thrown drinks in my face. I have included all of this in my version of events and I am wondering if this would be taken into consideration?
I will be turning up to court on Monday morning to have my say so hopefully someone here knows what they are talking about and can answer my questions above which are eating away at me.
Thank you.
The manner the papers were served to you doesn't sound right. It's certainly something to raise with the court.
Tomorrow the judge will consider your ex & your statements before either listing a hearing where you both give evidence and then the court makes the decision, or trying to get you to agree a way forward.
The latter could include; agreeing to keep to separate areas of the home, finding out if one of you can leave the home, suggesting you accept undertakings instead of the orders.
There's no way to predict the outcome of these hearings but if the judge can't deal with it tomorrow it will have to be listed for further hearings.
Best of luck
Thanks for your response on this Yoda.
Yes, it doesn't sound right at all as to how these papers were delivered. I am gobsmacked by it and I will be mentioning it in court for sure as I am being treated unfairly at all angles.
I am originally from Scotland and I've lived in Yorkshire with my ex partner for 10+ years. I have no family living around the area whereas she does and she's made accusations that she is scared and anxious living with me. If that is true, why hasn't she went to stay there? In her statements, she said she stays with her mother when she has a day or 2 off of work which is completely untrue! She hasn't stayed there since Xmas while I was in Scotland.
I also found out today that it was in fact her mother that wrote her statements which is strange as I haven't spoken to her mother since last year at some point. Is this even allowed? I suspect her mother will be in court tomorrow by her side. I will be self-representing. Does her mother have to be there with us? This woman is a home wrecker who dates married men etc., so I do not trust her in the slightest. She even called the police on me yesterday (the mother that is) and said I threatened her daughter (my ex) which is complete lies. The police arrived and instead of arresting me for these so-called claims, I was asked to leave until the following day which I did and stayed in a local hotel. The female officer (who was great btw, thumbs up) kept telling me to report her for everything she's done to me which I will indeed be doing. A cryptic comment she gave also suggests that she knew fine well my ex was lying about true events. ** I won't go into this as she was brilliant and I wouldn't want any problems for her **
I'd personally prefer to have it as agreeing to keep to separate areas of the home, but I don't think that accepting undertakings is a good idea... does this not mean I am somewhat accepting responsibility, or?? Sorry, I have never been in this situation so it would be good to know.
The hearing is supposed to last 15 mins. I am really nervous about it all. With everything she has put against me, I am hoping I don't go and they tell me to leave my home which is a joint tenancy. If they favour her when I know it's all based on lies and completely fabricated, what are my options? Can I appeal or would this be too costly?
Her mother may well be at the court but she won't be allowed in the hearing. If she tries to be in the hearing you can object to this as she has a personal interest in the case.
Best of luck.
Let us know how you get on!
Well I had the first hearing today and it was just a case of handing over bits of evidence and a likely hearing again to sort out who lives in the apartment. It's came to another issue though which I'm looking for advice on if anyone can help?
My ex is a control freak and refuses to remove her heavy [censored] from our other bedroom which I'd like to put a bed in to keep away from her in the main bedroom while we sort things out properly and the court ordered her to remove it within 24 hours but she hasn't bothered and won't do as she doesn't get up until late for her work and time has nearly passed to be fair.
Does anyone have any thoughts as to what I should do about this as I refuse to even talk to her (mentioned in court) as I get nothing from her except shouting? Once again, sleepless night. Really fed up with this now.
you could get a man with a van to remove it and put it into storage - keep receipts so that you can ask the court that she pays this, though no guarantee that this will happen.
You could try emailing the court and making it for the urgent attention of the judge that ordered her to move her belongings, explain that she is refusing to do so,and ask if it would be possible for the court to remind her that she must do as asked, or whether an early return to court for new directions might be considered.
It's a difficult situation for you.
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