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Hey, just need some advice.
I have been handed a non-molestation order against myself and there was no evidence against me. Which I find ridiculous.
i wanted to know… what bearing does a non-molestation order have on my life. The order effectively now says that I am a violent person
Will she be able to sue me for emotional abuse?
Does the non-mol hold any weight in a divorce case?
What can a non-molestation order open the doors for (in terms of negative consequences?)
Thanks in advance
Hi, have you had a court hearing about it yet? If it is placed on you, it does not show up on anything like a criminal record check or anything like that, so nothing to worry about on that front.
If you do have a hearing, you can contest it, accept or agree to an undertaking. An undertaking is basically sticking to the rules outlined in the non-mol but not having an actual non-mol against you (if that makes sense) if you breach any of the conditions, they will still pull you up on it and get you in further trouble.
hi,
please see this. useful info about dealing with NMO's
Hi
Having had one issued against me too, I can confirm it doesn't come up on any record checks or anything like that.
The only area it could cause an issue is if you have kids. Before you can get access then the allegations would need to be looked into, safeguarding etc. If you don't have kids or are already seeing them then no issues.
Will have no bearing on divorce or financial order as the outcome to finances is based on each parties needs.
The only way a non mol considering the above will impact your life is if you breach it. If you breach it then you can be arrested, therefore would then have a record on the police national computer, if successfully prosecuted then it will show up on basic DBS (arrests will show up on standard/enhanced DBS), you could go to prison too.. If all this happens then it could impact upon financial settlement as your ex will then use the breaches of non mol as a reason to say that you have caused her harm (with evidence) and therefore she requires a more favourable settlement to move forward with her life. Also if you are in prison (sentenced or on remand) for breaches you cannot deal with matters effectively thus she is in a more favourable position to resolve divorce and financial matters.
If you have no kids then I wouldn't even bother challenging it, just leave it be and let it expire and instead take control of the divorce and financial matters by petitioning for divorce. No fault divorce is around the corner (early April) so you could use that avenue too.
More than likely she has gone down this route if there is no evidence at all to secure legal aid as it is now only available in cases of domestic violence.
It is absolutely critical that no matter what, you do not breach the non mol, not even inadvertently, you being arrested even for minor breaches or technicalities eg being in the same supermarket will just cause you grief with the police etc.
Hope this helps, all the best.
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