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Hi all I'm new to here and to this. So here goes I was up for DV I was aquitted not guilty. I have just found out my ex is going for a NMO I don't quite get how an innocent person and I did prove my innocence in court can still be persecuted like this all I now want to do is see my kids. My bail conditions where no contact with ex or go to house which I kept to for 6 months whilst awaiting trial I have still not contacted her and won't until I see a family solicitor next week. So my question is will she get this NMO after me found not guilty in court and is there anything I can do to combat this TIA
There are quite a few posts regarding Non-Mol's in the Legal section.
https://www.dad.info/forum/legal-eagle/51335-access-to-children#99962
https://www.dad.info/forum/welcome-to-the-forum/50872-non-molestation-order?start=12#97399
https://www.dad.info/forum/legal-eagle/48302-served-a-non-molestation-order?limitstart=0
https://www.dad.info/forum/legal-eagle/50811-non-mol-order-advice#96820
https://www.dad.info/forum/legal-eagle/51168-non-mol-appeal#98679
Basically you will need to prove your innocence again, make sure to take with you copies of previous hearing where you were proven innocent or her allegations.
show the courts you haven't been and have no intention of being in direct contact with her (unless allowed to in writing) and if you are asked to make an undertaking to the court then ask that she make a cross undertaking on the same grounds as yours
Hello Auggie,
My knowledge regarding NMOs is limited. This is my personal opinion that if innocent, I would build a good case to prove my innocence, I personally would not just accept it.
What does concern me greatly is that if an NMO is not successfully granted, I understand the courts can still ask for an undertaking. An undertaking whatever it be, needs careful consideration in accepting it as it could possibly affect contact with the children. An example, let us say a person undertakes at the request of the court to not go within one mile of their Ex's house and the school the children attend is within that mile perimeter. Would that person be in breach of the undertaking if they attended events at the children's school?
I believe the repercussions of accepting an undertaking can complicate matters regarding child contact more than a person initially realizes.
Thanks for replys I'm not going to accept this it's wrong on so many lvls how we can still be persecuted like this
Unfortunately that's how the system currently works....guilty until proven otherwise is the family courts way....
if you could stand back and be impartial you can see why the courts do tend to side with the Resident parent or parent making the allegations...after all the cases where the authorities have failed to spot abuse and violence to children if they were to miss one again the press would have a field day....so better safe than sorry is the way it seems to me....
That's of no comfort to you, me or any other non-resident parent on the end of a vindictive ex's allegations and lies.
The worst thing for me is that there seems to be no action taken against these ex's who are committing perjury by making false claims and lying....if you were to lie in criminal court you would find a hefty fine, even prison or community service....but in family court you are expected to ignore it "for the sake of the children" and to try and prevent a longer battle and further animosity between you and the ex "for the sake of the children".
Stay strong, stay true, use the truth to defeat the lies. lies get easily unravelled as the ex's version of events start to differ when questioned and they haven't the proof. You just have to be able to prove you're ex is making things up.
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