[Solved] Contesting Non Molestation and Occupation order

hi omiii,

i dont have direct experience of this,but i strongly suggest you to hire a barrister for each court hearing, their cheaper than solicitors.

search for one on here: https://www.directaccessportal.co.uk/

regarding your partner alleging physical abuse, if theres no police records on you, then its just your words against hers. in my case for child contact, allegations were made against me. i just admitted stuff that i did do, like breaking furniture. stuff that happened years ago. i was interviewed by cafcass, so they can write report to decide if its safe for me to be around my kids (no police records either).. in the end i was fine and no safety risks. the court may decide to do a fact finding hearing about you. try your best to hire and consult a barrister.

Many thanks for your reply here
My wife has made telephone calls to police in the past, i believe few calls, once i was arrested, never had any warnings, cautions or charges on me. all complains were about her self , child was never involved in those matter, no mention of child
can you please answer me in this scenerio , would her allegations still be taken as word of mouth. Similarly I have made phone call to police of the same just once

I've answered what I can inline to your questions. I hope it helps a little.

Hello to every one
I am a newbe here
My wife has an interim non molestation order and an occupation order against me at present, Due to allegation of physical abuse court hasn't accepted the affidavit and now I am contesting the order, Court has asked for direction hearing first, I have no solicitor and have no idea about the direction hearing. I have few questions in my head if any one could help me this would be a massive favour

1) what happens in the direction hearing in non molestation order and occupation order?

the judge will set out what needs to happen to progress the case i.e. both parties to serve witness statements and evidence etc. It's important that you think about what external evidence might help your case so you can ask the judge for permission to submit those reports i.e. police disclosure, any witness statements (generally the judge will think what is best and suggest those things anyway or ask if you wish to submit any other witness statements e.g. neighbours etc)

2) With regards to contest hearing and evidence, do parties exchange evidence in advance before the court hearing, the case will be with lay justices.

Yes, that is what they ought to do but some solicitors play dirty and provide the courts with excuses for delaying without you knowing.

3) Being on non molestation and occupation can affect child contact, if there is no involvement of child.

4) If your partner has accused you of physical abuse, how can you prove that this has not happened?

Don't forget that your witness statement (version of events) counts as evidence in itself, if you or your wife have no evidence other than your word against hers then the judge will decide based on probability.

5) If you lose the contest, can you appeal and bring new evidence which were not given in first instance.

I don't think you can.

6) At present court has asked me to pay all the bills and utilities as i was already paying, but i cant survive paying for two houses, what should I do ?

You make this clear in your statement, you could give a rough account of expenditure and say what impact it will have on you if the current arrangement were to continue.

If some can can give me answer in detail it would be great.

thanks

It wasn't clear if there was a child involved but from this message it seems as though there is. You might want to consider putting in a non-mol/occupation order against your wife. If there is enough room in your house you can suggest she stay in one room and you in another as financially you can't move out. If contact to your child is being denied or denied whilst the case is on-going you might want to put in a C100 too.
Can you not contact some solicitors in your area for a free 30 min consultation?

>>Don't forget that your witness statement (version of events) counts as evidence in itself, if you or your wife have no evidence other than your word against hers then the judge will decide based on probability.

If there is no direct evidence or police records, this x 1000. But be very careful in how you write your witness statement because the courts will expect/demand it is as neutral and facts-based as follows. Consider the following two statements:

1. I had to move out because her constant lies and arguments were too much to bear
2. Myself and my former partner had a variety of unresolved issues, so on the xx of Sept, 2018 I moved out of the FMH

Keep it as fair and as neutral as you can, and always try and state things as factual as you can.

Hello
many thanks to all who have replied to my questions

I have just found out about contested hearing, I want to reconcile, my wife has accused me of domestic violence, she says i have slapped her once etc
no serious harm or injury she reported
I feel she would have made phone calls to police to make her case strong,
anyhow, we have a little son I stil want to reconcile, and going to contested hearing would bring hatred nothing more, even if i prove that she is wrong , i would loose my family

can any one help me with my this query

is it possible that I do not go for contested hearing? What would happen if I dont go on contested hearing ?

Can I inform the court that I do not want to contest it ?

Please help me out here, I am very depressed, I cant tolerate this pain and anxiety

thanks

hi omiii,

i can only imagine you are going through a very tough time. fight for your rights. do not back down. there are plenty of threads on here, where someones ex makes up stupid allegations. it is standard procedure. stay positive, your not going to lose your family. you need to secure access to your child. you should do that with a c100 application.

bill337 thanks for your quick reply
but I am afraid if she had made phone calls to police , about domestic violence( alleged) also I still love her ( just dont call me crazy)

can you tell me what options do I have,

can I just do not go to contested hearing ?? is it possible

I am in a profession where she can use this against me, turning up and losing is more risk game then do not turn up and lose.

help me here please

it sounds complicated. really you should be speaking to a solicitor about all this.

You don’t have to contest the orders, give the court a call and explain that you’re not contesting the orders and would rather just withdraw from the case, see what they say.

However, if you haven’t made a Child Arrangements application for contact, instead of not attending, you can submit form C2 to make a new application in existing proceedings.

Some solicitors offer a free initial consultation, this might help you to understand the process a little better.