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My ex partner has a 7 year old protection order against me. I never challenged it because I moved to canada when I found out she was cheating with some bloke where we lived in London. Before I left, things got out of hand 7 years ago and I was done for common assault, shoving my ex partner. The order was made ex-parte as i had already left for Canada. Shes been using the order to block contact with our daughter. We've already gone to family court via remote hearings.
The issue I want to discuss is representing one's self at a hearing to discharge the protection order. I live 3000 miles away, there havent been any incidents or breaches since 2015, but since i never challenged the order, it still stands.
How likely do you think the judge is to dismiss the order since its really not timely anymore? I havent "bothered" my ex in 7 years!
Looking forward to your responses. My hearing is on November 22 with family court, to hear my argument for discharging the order.
I think you have reasonable grounds to ask for PO to be discharged. you haven't harassed your ex in years, been living in another country for years, and child is asking questions about issues that both parents need to discuss. hopefully judge is sensible and drops the PO.
@bill337 thanks. on what possible grounds could they keep it in place, which I would find ridiculous!
@JackParker hi, what type of protection order was it? EPO? Non molestation? etc.. you may need to consider the reasons it was issued as part of your reasons for requesting its discharge. Also who was it issued to protect, your ex or child?
To discharge an order of the court usually you need to demonstrate and evidence what has changed so that the order is no longer required..
Remember the order is there to protect the individual(s) and not punish you. Therefore if things have changed so that protection is no longer required then you can request that it is discharged. Not breaching it and no risk of breaching it especially over a long period of time is good evidence.
All the best.
@JackParker hi, what type of protection order was it? EPO? Non molestation? etc.. you may need to consider the reasons it was issued as part of your reasons for requesting its discharge. Also who was it issued to protect, your ex or child?
To discharge an order of the court usually you need to demonstrate and evidence what has changed so that the order is no longer required..
Remember the order is there to protect the individual(s) and not punish you. Therefore if things have changed so that protection is no longer required then you can request that it is discharged. Not breaching it and no risk of breaching it especially over a long period of time is good evidence.
All the best.
The order was meant to protect my ex partner. It did not bar me from seeing my child.
The order was written at a time where i was angry about her cheating. I pleaded guilty in 2015 to common assault, shoving her, and then i broke the protection order she had in place by visiting her house to see my daughter. I went mad back then.
Since 2015 I have not menaced her. I didnt even know the order was in place because I thought it was only meant to be for one year. when i finally saw it, years later during contact proceedings, the 2015 order said the order was to stay in place "until further order." Since i never challenged it, and it was renewed ex parte, it was allowed to stand
The court will discharge the order if they perceive that the applicant is at no or low risk of harm.
I would suggest showing remorse by acknowledging your past mistakes and staying that those behaviours won't be repeated. Feel free to share if you have done an anger or Domestic Violance programme.
Say that you would like to coparent amicably and would consider seperated doing the parent information programme.
It’s usual for non molestation orders to be made for one year. Are you sure it hasn’t expired already?
It’s usual for non molestation orders to be made for one year. Are you sure it hasn’t expired already?
When I finally got a look at it years later, only a year ago, it read "this order shall stand until further order." She got it in 2014 and when it expired she renewed it in 2015. I did not know about the 2015 renewal (it was made ex parte) but never harassed her from 2015 to present. i think that means a lot. during contact proceedings, cafcass suggested i take a domestic violence course even though the 2014 common assault and breach of order were "historic." I took a DV course and an anger management class last year, and passed with high marks, so I will mention that to the court.
I did email her in 2015 and in 2017 to simply inquire about my daughter and wished them both the best. so those two emails I sent show a distinct shift. As I said, I behaved well believing that there was no order in place. That has to mean something to the judge hearing my application to discharge.
During contact proceedings which ended last month, when my ex said she is still scared of me and that I might harrass her, the judge handling the contact case said "well, he knows where you live and all your details and hasnt harassed you in years. It makes no sense that you are in fear of him." I hope the judge hearing my case to discharge the order, feels the same. I dont see how they can let it stand.
Perfect. It will be discharged.
If you can submit a statement, add a PDF/image of the completion certificate for both classes.
Perfect. It will be discharged.
If you can submit a statement, add a PDF/image of the completion certificate for both classes.
its a 45 min phone hearing for the first discussion about it. Will this turn into a number of hearings or will it be settled on the first day?
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