Non molestation order not served corrctly

Hi everyone, I was looking for some help concerning a non molestation order.

I was at work yesterday when my mum rang me at about 10am, she said there was a man there with an envelope for me.
I said what is in the envelope, she said he will not tell me but must give it to you.
I was 27 miles away so told her to tell him to take it back and arrange with me in person.
The man then threw the plain envelope at my 80 year old mother and ran.
She rang me back in tears so after calmingg her down I asked her to open the envelope and see what it was she said it was a non molestation order for me to attend court on the 6th April.
This was on Friday just gone, is this the correct way to serve a non molestation order on some one as I don''t think it is.
Also how can I prepare any case by Wednesday ??
This is just my ex being bloody minded as all of her accusations have no evidence attached and are in effect stories.
What should I do
Thanks

Well you can''t do jackass now as judges prob already will stamp it!
You need to appeal against this application. Happened to me when my evil ex made a rape allegation against me. This non mol is biggest con going for greedy narsasist wife''s! Do not use a solicitor. Attend the hearing and deny all her allegations. What evidence has she got?

Hi Asianbloke and thanks for answering.
She like most others who apply for these non molest orders does not have any.
She has 16 pages of stories taken from 9 years of living together.
There has never been any police involvement or doctors etc.
She has nothing.
I on the other hand have a son in therapy caused by her mental abuse to him. She did the same to me and I myself have been in therapy for almost 5 months too.
She is accusing me of what she actually is.
You are right with the word narcissist.
Strange how the ladies on site go very quiet at the men stuck in these false allegation non molest order cases... they are a joke....both the non molest and the ladies that take them out to get "even".
It is always the kids that suffer in the end, the same kids that they are deeming to protect, Pah

You can find the correct Protocol for Process Servers here - Protocol for process servers: Non-molestation orders .

Although you weren''t present in person, your Mum did confirm that the person to whom the documents were to be served to was you by calling you ( see the protocol). You are confirming here that you have been served. I think it would be pointless trying to claim that the service was not carried out correctly as you weren''t present in person to actually witness what happened. I think it may be better to just focus on the hearing on Wednesday.

I completely disagree with Asianbloke''s advice to not use a solicitor - you would benefit proper legal advice to help you counter the allegations made against you. I would suggest you start by writing up the facts, going through the various allegations one by one and refuting them. I appreciate this won''t be pleasant but going to court and claiming that it''s all lies without any kind of back-up won''t be helpful. You may be asked to take an undertaking to the Court to not make contact with your wife, or come near the family home; you can still refute the allegations and an undertaking isn''t necessarily an admittance of "guilt" - the Judge has to err on the side of caution and make sure that an applicant isn''t left vulnerable to further abuse.

Its not uncommon for there to be little hard evidence so its one parties word against another, these orders cover a multitude of actions that are seen as molesting, texts emails calls uninvited visits, its not always violence, it can be that one spouse is in fear of the other.

It may be helpful for people to be aware that applicants for Non-Molestation Orders are not just for when there have been alleged violent incidents; "molest" is synonymous with "pester" (to cause trouble, to vex, to annoy, to put to inconvenience) and there doesn''t need to be any violence. Repeated phone calls, letters or unwelcome visits can amount to molestation.

Asianbloke wrote:

This non mol is biggest con going for greedy narsasist wife''s!

Not a helpful statement at all, and not factual either. Both men and women can and do apply for non-molestation orders, often as a last resort to help protect them (and often their children) against ongoing domestic abuse. Your comment also undermines the horrendous situations that many people - men and women - are in due to domestic abuse.

Youtgotmail wrote:

Strange how the ladies on site go very quiet at the men stuck in these false allegation non molest order cases... they are a joke.

Again. a very unhelpful and untrue statement - just beacause people haven''t responded to a post about false allegations doesn''t mean that the silence indicates support or approval of false allegations. Women also suffer false allegations, and I would think that the vast majority of Wikivorce members would find the notion of false allegations abhorrent.

If you can find someone to go to court with you on Wednesday, that would probably help you keep calm, and focus on the important elements of the hearing which are the facts.

Yougotmail...... I''m a female and I too have been through this. I also had an envelope thrust in my hand in front of all my staff by a " process server".
It is wrong to claim that it is ALWAYS women making false claims against their partners it does happen the other way too!!
After not returning our children he took them and went into hiding. I searched for days all over the UK it was horrendous !
I eventually found them at his mothers friends home . I called the police. They didn''t want to get involved as it was "Civil". !!
I made sure I had the police officers name and no.
Sure enough the next day had served a non molestation against me will a ridiculous " embellished " story. Thankfully I had taken a respectable witness with me and I managed to get a statement from the policewoman to prove him wrong. What is upsetting is that there are lawyers and judges out there that indulge this nonsense.
You said your wife is accusing you of all the things that she is in fact guilty of. That is called "Projection" a real trait of a Narcissist!
I should know I married one and went through a 7 yr divorce with him!
You may have grounds to reject the order based on the fact of how it was served incorrectly .

Thanks everyone for your answers but to just clarify one thing.
The sentence that you found abhorrent was in fact part of the second line

They are a joke....both the non molest and the ladies that take them out to get "even".

I wouldn''t dream of blaming every woman on site of being so nasty.

Sorry for any offence caused by my bad English

Hi I am new to this but was served with a non mol and occupation order today by the county court to stay away from the family home for 1 year.
I left 2 years ago and we got divorced last july, it has not been amicable to say the least but our home is for sale and no offers as yet, I found out last week that she has been putting viewers off and so i have had to go back to my solicitor to enforce the financial order we have in place to sell at a price that is market value and agreeable to us both, when she found out about this she wrote a 6 page accusation about all our troubles for the last 5 years and it didnt paint a happy picture hence she got it ex parte !btw she tried to have a affair 4 years ago and when i confronted her she said i had stopped her from having some fun after 22 years with me !
I am seeing my sol on Wednesday and he says we need to get a court date to give my side of her accusations stupid thing is it has cost her nothing to keep me away from the property i half own and still pay the mortgage on but i will have to use a sol to defend myself and all this was granted without me being given the chance to give my side in court, the system is saying guilty until you can prove yourself innocent.
Has anyone managed to get to defend successfully ? i dont want to see her at all but i want to be able to enter my property when she is not there to check on condition and show potential buyers around and pick my kids up from outside instead of them having to walk 100 m down the road