Hello again advice needed please.
To cut a long story short (if anyone wants to read my other post it will bring you up to date).I was arrested in my bed on Nov 5th after my husband had phoned the police to falsely claim I had assulted him.I was charged with this so the next day I had 10 mins to gather some things and drive to my Mums where I have been reciding in her box room ever since.
He also had a non-mol and occupation order placed on me at emergency notice on 6th Jan built on lies that he was the victim of domestic violence.It went to court on 28th Dec.My husband arrived an hour and a half late as he had "forgotton about it" until one of the ushers rang him to see if he was attending.
Looking back I regret I didn't take legal representation with me(I was spending my money on the crimal case he had against me) as the judge hadn't even received my statment even though I had it served on 21st DEC 2018.He briefly flicked through it and said no this order still has to stand for a year.I was not even the chance to contest.
I was found not guily of Assult by Beating of my Husband but still the other orders stand.I have appealed them and asked for them to be revoked as I was found not guily in the Criminal Courts and on the grounds of my husband commiting perjury and still waiting to hear back from the court.
He has tried to ring me a couple of times over the last couple of weeks but I ignored him as he was inticing me to breach the court order still in place as the only why we are allowed to communicate is through email.
Anyway I woke up this morning to find 5 miss calls from him at various times through out the night and a text message asking "Who was I f***ing?"
I rang the police and explained that even though I was the one with the orders against me he was harassing me!
I am hopefully having a police officer coming to see me tomorrow to show him the screen shots and give a full statement.
Anyway he tried to ring again on a withheld number this afternoon but I put the phone straight down as advised by the police.
I then receive an email from him saying he will be having all my propety delivered to my Mums house next Sun,beds and sofas included!I replyed back he just can't do that as in the non-mol it states
*to arrange for personal property,to be listed by the respondant (me),to be delivered to her......my friend has already done this getting my clothes and other essential things.
*not otherwise to dispose of the contents of the house.
Where do I stand on this?As he is clearly harrassing me.What do I do if he does organise for my property to be dropped of at my mothers as he is threatening too?
ANY advise will be greatly appreciated.Thank you in advance x
It boils my blood when people misuse the purpose of non molestation orders ...
Firstly you need ensure the contact he’s made is evidence as best you can ... I’m not sure the police will do a lot .. they may look at harassment ... but that will be a word of caution initially to him, so try not to get your hopes up...
Have the divorce proceedings started? I’m guessing you want to divorce? If so I would take some control back and start the proceedings ... as right now he’s in the driving seat...
What you need to grasp is that these orders are civil and as such the police rarely get involved ... so if you breech in anyway they tend just to arrest and put you before the magistrates ... so whatever you do, no matter how hard please do not respond in anyway... you could of course look at getting a non mol but I think the courts would see it as tit for tat.. I know it’s not and I’m not suggesting you are at fault. He’s trying to control you .. so dust yourself off ... deep breaths and see this for what it is.
How you come across in the divorce courts is paramount ... and how you handle his games is equally as important.
You can apply to the courts for a variation of the order to enable you to return to the property to collect your belongings ... he’s bound to be awkward but this is pretty much your only way... unless you have mutual friends or family that can speak with him ...
What does he do for a living? He’s clearly been advised somewhere along the line ... it’s just clinical and calculated ..
Thank you for the advice everyone.Well I have got an appeal date for next Tuesday and I have got a really good McKenzie Friend who is helping me with evidence and a statement and will be coming to court with me.
Funnily enough my property was not bought down to my Mums as threatened.
I blocked him from my phone and whatsapp and FINALLY got to see the police yesterday ten days after the incident.They have filed it as harrassment and phoned him to give him a warning and I have a crime reference number to add to my evidence.
I haven't started divorce proceeding yet.Just want to get this appeal out the way and go from there but I am feeling So much stronger now I am away from the idiot.