[Solved] ONLY HOURS TO COURT PLEASE HELP ME

Hi there Manicuk,

Sorry to hear about your troubles, it does seem very unfair that you were served over a bank holiday weekend and only have 48 hrs to form your defence. When you get to court certainly tell the judge how you were served and the fact that due to the holiday you have had little chance to prepare and ask if it can be adjourned....there's no guarantee they will though, but it won't hurt to try.

Hello to everbody, forgive me if im posting in wrong area but im desparate and in need of urgent help.

Situation is:

arrested for common assault and bailed 3 times with conditions no contact at all. Including sms social media etc and not to go to home.

Now hold a no further action as no evidence ( something happend that found it un questionable but paranoid telling you at this point incase noesey persons about )

Its a good idea not to post anything that can be traced to you as this is a public forum.

When i came back to my friends some idiot was waiting for me and served me a non molestation order ( he threw it at me ! ) ordering me similar to bail condition no contact stay away from marital home.

To top that it gives me 48hrs before court date to provide evidence else it stays in force for 1 year ! Bearing in mind weekend and bank hol . Thats pretty much impossible.

I have read her statement in NMO and what a pack of lies, but im confident quietly i can dismiss her allegations.

It would be helpful for the court if you were to write a response to her statement and attach any evidence that you have to help dismiss her allegations

I own the property and soely in my name. I have been arrested numerous times before and cleared every time. She only has 3 fingers and there all fixed to number 9 on the phone keypad.

I have a few questions which you may know the answer to or experienced or even if only your take on the matter.

1. How did she manage to get the order withour hearing my side of the story ? she has convictions and history i have none.

Its possible to apply for an urgent no notice order in these circumstances, no notice means that the person named in the order doesn't have to be informed before court. This is usually when there is a risk to the person applying for the order.

2. Ive been with escort to get belongings. Police put belongings on road i had to stay next street then they called me to collect. I looked for items i needed they weren't there. Officer decribed 1 item and i said go get it then ..he said no she does not want to do this anymore today. so i pulled out receipt and shown and asked again just nip in and get it. The answer was a firm no its a civil matter. I said what if i have evidence in there. Replied no ! what rights do i have to demand my belongings. ? she could burn any evidence in here then what would i do.

I'm not sure how you would proceed, perhaps this is something you can bring up with the judge. Have an address where she can drop things off, or a third party that could go to your home and pick them up on your behalf. Have a list of the things that you want returned prepared. Again though, I'm not sure the judge will deal with this.

3.I am absolutely broke as her contributions to household were cancelled. My kids are trying to muster up a few quid to help but times against me. What the criteria to qualify for help?. Im on a decent wage but as i said im broke because every single bill goes from my account.

As you are employed I don't think there's anywhere that you could get financial assistance. If you are no longer living there then I don't see why you can't cancel any household bills that are still being taken from your account. If you have a mortgage then you will still be liable for this and house insurance.

4.Apparently the lockss have been changed ! How the [censored] does this figure ? shes freeloading in my home and locked me out regardless of order.

As you have children together she can apply to stay in the property by applying for an Occupation Order. I would advise you to get some proper legal advice on this.

5. If i end up to court alone what do i say, i have plenty to thwart her statement i think but no time to gather up evidence.

As I mentioned it would help if you write a statement in response to her allegations and if you have any evidence/proof to back you up then attach it at the back of the statement.

And my final question and when you will all think im mental.

6. I love my wife very much and although history has repeated and now to this extent she is on meds which she states in her statement. its a bi polar thing and this condition is the problem in my view. i have gone without incident for years now. If you met her you would think what a lovely woman kind caring etc. But when shes on one ...shes goes from 0 to 600% in seconds. She is aware but then seeks attention that its not her , hence police calls as free mediation. Its a little more complicated than above but to give you picture.
So i dont feel comfortable going to court making my wife out to be a liar ( which she is ) and then her potentially getting a slap for lying as she sworn a statement.
You see the evidence i have shows how she is along with history and convictions.
Question is how do i defend myself i get back in my home without hurting my wife. I know my wife and i think shes gone to far not to continue lying.

Unfortunately you can't avoid hurting your wife if you want to defend yourself, it's a choice you alone can make.

Im sure you think im a loon too, but as i said she means the world to me.

Any help or advice would be much appreciated.

Thanks for listening.

Best of luck with court. 🙂

Thanks for the advice. I feel sick on the stomach. Just not prepared for this at all

Hi Manic...how did it go?

BE CAREFUL BEFORE REPRESENTING YOURSELF !

Sorry ive been a little distressed past few days.

Spent 2 nights untill 5am putting my statement and evidence together from inside my car because im now homeless.
Used my last 90 quid on solicitor advice before going to court to represent myself.

Solicitor said it was ridiculous and that there's no way with the evidence and the fact the non mol was probaly issued on the fact you were on bail, that you would not be able to get back in your home as NFA technically says the non mol should not of been issued. You will be just fine.

I got raped !! absolutely no sympathy whatso ever was not interested in any evidence at this stage as wife was asking to stay non mol. Was basically for directions. Her sol spoke with me seeking undertaking....i said no way ive done nothing wrong.

Her solicitor dissappeared in to room with judge for at least 10mins which i found odd but didnt know what to do.

Once in court the judge didnt think i had made a statement then found it and said it hadnt came though. He managed to read all 15 pages in about 1 min.

Asked if i was defending i said yes. Asked wife she want it staying she said yes and also time to get witnesses. I too then said i have witnesses.

Nutshell non mol stays. Occupancy order sought didnt happen.

But i asked if i could get into my property if wife was not around. Replied i dont advise it. I repeated ..but would i be doing anything wrong. Replied i dont advise it. I asked again as i still did not get a yes no reply. Then he slapped me with a 100 meter exclusion of my property ! and said i did that for your benefit as your are obviously considering it.

HELLO ! Im not a solicitor and was just asking if it was legal.

Well thanks for that ! something for me to think about when i sat eating my pot noodle in the car tonight just before i pay the 800 pound mortgage payment.

May be ill just selll the house. But cant get any viewings as she has right not to let them in.

May be ill just not pay the mortgage and foreclose.
Your names on mortgage so you be responcible for any shortfall in repossession.

May be ill just jump under a train and give up.
Yeah that be ok !!

Civil Law is absolute Twaddle. Everything your word against theirs. If the applicant dreams something up on the day then your screwed.

Your even more screwed if they have legal aid.
You would be bankrupt before you got to trial.

Been a few days deciding now but ive really lost the will and any faith in the civil justice system.

Will be needing court orders now for everything.
Belongings
Maintenance on property
You name it.

Absolutely disgraceful.

Id have stood a better chance commiting a crime. At least they would need to prove it.

Update you next month peeps.

Keep the faith !

Hi manic

Sorry to hear things went this way for you. Unfortunately for you, the court has a duty to investigate any allegations a person makes and this can take time.

It might help you to attend a Families Need Fathers meeting in your area, many have solicitors clinics and you might be able to get tailored legal advice moving forward.

http://www.fnf.org.uk/help-and-support-2/local-branch-meetings