[Solved] Wife has put a non-molestation order on me

Crown Prosecution Service?

I've read if the evidence is damning enough they may be brought it regardless of whether the accuser wants to prosecute.

The CPS work on 2 basic questions when deciding to prosecute
1. Is there a realistic prospect of conviction
2. Is it in the public interest

If they can answer yes to both, then they will probably proceed.

Wouldn't they have done this already though? Or would they wait for the day of the non-molestaation hearing to make that call.

Unfortunately, I don't know the answer to that question - could even be down to their caseload at the time. There may be a time limit for going ahead with the case, but I'm not sure what that it. It might be worth doing some research on the CPS, specifically to see if you are able to ask them if they are proceeding with a case.

Worrying. No idea CPS could get involved with a NMO. Thought they had no role to play in family courts unless someone breaks the order

I made an assumption (possibly incorrectly) that there was a criminal investigation in place - if the police are involved and decide there is a case, then they put if before the CPS to decide whether to proceed with a prosecution. Mike, you are correct that they don't involve themselves with family courts, as that's Civil Law, not Criminal Law.

First hearing for non-molesation order on Tuesday. I'm nervous AS [censored]. Wife's evidence against ME is damning but it's still lies and exaggerations, so my solicitor has advised for an undertaking with no facts of finding or at worst, keep order but with no facts of finding.

The hearing is listed for 15min.

Can someone give me a break down on what exactly is gonna happen on the day leading up to the judge giving the verdict.

- I have a solicitor but will I need to speak or get asked questions

Worried I might get shouted at by judge and accused of being a liar

Anyone on here been through this that can advise?

Hi Guys. I need some advice please. I'm a disabled guy in a wheelchair. My wife has accused me of domestic violence again, first in 2012 which got NFAd by the police as it was all lies. She's been cheating on me again and we had a few rows about it over the last month. She's made false allegations again to the police accusing me of domestic violence. I've not been allowed home and now been put in a residential care home. I'm only 52. She's just now yesterday taken out a non molestation order against me. I've asked the police to look into her background regarding false allegations, she accused her teacher of rape, her ex husband of violence and rape, and the guy she had the affair with in 2012, of rape. We worked on our marriage for the last 7 years, but now she's been cheating again and to get me out of my disability adapted home she's done this to me again. Any advice please. Thanks guys

you say you've asked the police to look in to her background of making false allegations, have you put in a complaint against the police for their part in this? - I would!
I would also apply to the police for disclosure of any records they have on you...you can't get hers.

If the Non-mol was taken out yesterday then have you a date to attend court to contest the allegations?

if you are not guilty of any DV against her then contest the Non-Mol and ask that police disclosure be made on her and yourself, that will help you prove or disprove things.

Prepare a written statement for court listing your response to the allegations, take it with you to court with any evidence that you have that proves your claims against her, you'll need to have a couple of copies with you to give to the judge, to your ex/her solicitor and one for you.

Hi there

Dad-i-d has given you some good advice... as far as your current accommodation, was it the council that placed you in the care home? If you’re unhappy about that, it might be worth contacting your MP, whilst he won’t get involved in the non mol, he may help with housing. You might also think about contacting Shelter

www.shelter.org.uk

Were you in the property before you met your wife? Perhaps you could ask Shelter if it’s possible to apply for an order to get you back in the property, if you were there before you met her, that might work for you.

If you feel that you’ve been a victim of domestic violence, you could try contacting Mens Aid, they’re a charity that supports male victims of DV and they may be able to provide information about the family court process.

www.mensaid.co.uk

Best of luck

Thanks guys for your swift reply. When you say ask for a police disclosure on me and her, do you mean I ask the judge on the day of the non mol hearing?? Absolutely I will be contesting this non mol. As regards housing I've spoken to the council about and they tell me they cannot rehouse her and our kids due to court application etc?? Still waiting for the paperwork to be officially served on me. Just don't understand way she has done this to me. I mean I found out about her 2nd affair, that I know of, then suddenly I'm arrested for common assault of false allegations and now I'm where I am.. Also as a note the day I was arrested she emptied our joint account of 18 grand, and left me with 46 pence. And you think you know someone eh.... Thanks for your time guys... Daren66