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So when women or sometimes men apply for a non molestation
How do you differentiate between a few 1 off heated arguments and actual domestic violence?
When his ex got a non mol it was ex parte and the judge believed every lie she spouted to get it. It's been a thorn in his side ever since and she still uses it against him after 4 years. It's best to avoid getting one but if you get served I would contest it. He wasn't given the option and didn't in fact know he even could. He wishes he had now.
Sorry, just realised you are contesting it. He was advised to accept his on a non finding of fact basis but I wouldn't recommend this as it means nothing to anyone. Cafcas, social services, everyone still believes the evil ex was the victim of DV and had to get an ex parte non mol. They had arguments yes but she invented all sorts of violent acts that just never happened and she had no evidence either.
When contesting, explain the situation in as much detail as you can and provide evidence where possible. If it goes to a fact finding, the court make findings on probability. It's not like a criminal court where it has to be clear cut.
so in regards to allegations for my non molestatiion trial
i would simply explain anything they bring up as being nothing more than a heated argument and being upset?
plus also could i say that by having mental health problems with depression, i have trouble controlling my emotions and wouldnt think before i said things but then it would blow over and we would return back to normal?
I wasn't suggesting that you explain things as an argument
There should be specific allegations against you that you will have to respond in detail to and provide evidence if you can
ahh ok understood
allegations are mostly about arguments...nothing physical at all and police have never been involved
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