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Non Mol/Occ Orders. Served or just applied for?

  • JustM3
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9 months 3 weeks ago #510541 by JustM3
Hi,
First post, apologies in advance being such a long one:) I want to know if these orders are deemed as 'served' or, if they have just been applied for?
Orders hand delivered to Respondent by Court Bailiff (I think), on Form FL401, stamped by Court.
Orders state: This Application is for Non Molestation and an Occupancy Order by Applicant.
Box 'not' ticked for application without notice given.(Not sure what this means)?

Form FL402 Notice of proceedings (stamped).
Applicant has applied to the court for an order. Directions Appointment: You should attend when the court hears the application, date and time of hearing.
Copy of application with this Notice.(statement)
You have been named as a party in the application.
Many thanks in advance for any reply.
JustM3

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  • rubytuesday
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9 months 3 weeks ago #510542 by rubytuesday
Replied by rubytuesday on topic Re:Non Mol/Occ Orders. Served or just applied for?
This is notice of a hearing for the orders applied for.

You will need to attend the hearing and put forward your case as to why you believe these orders are not necessary.

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  • JustM3
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9 months 3 weeks ago #510544 by JustM3
Hi rubytuesday,

Thank you so much for your reply :)

Having have read so much on this forum about these orders, I think I was trying to process too much information at one time. However, I was 'unsure' if what the applicant had written in their statement, would apply from the date of receipt.

From information I have found on here, the respondent, will of course, continue to 'not do' what they were 'not doing' in the first place!

Are these orders difficult to defend?

Many thanks again for your time and reply.

JustM3

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8 months 1 week ago #510964 by JustM3
Hi again,
Just a quick update.
First of all, I feel I should let you know I was asking for a friend, so neither the Applicant nor Respondent :-)
Anyway, the A didn't appear in court! The R had had a free half hour consultation with a solicitor who very kindly wrote out a defence refuting the A lies and added an undertaking at the end to not do what was not being done in the first place. The A had arranged for all sorts of 'protection' at the court. App solicitor could not get in contact with them so after an hour or so of extra time given by the Judge the case was 'heard' in the absence of the A. The judge was not happy to say the least! Anyway the outcome was, Case Dismissed!
What a waste of time and money!
JustM3

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  • Andy3109
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8 months 1 week ago #510973 by Andy3109
Having been through this situation myself I'd like to add the following.

I was sent an email by ex solicitor of the court case 2 days before the hearing, papers arrived day before. I suppose I could have objected at the short notice and how served.

Ex came with about 40 \"allegations\" ranging from me not cutting grass enough to other wild lies against me.

The problem is that there are genuine cases where one person needs the help of court in some cases where I feel when my ex's solicitor used this as a means for free Legal Aid and a means to an end to the living situation as me and ex couldn't agree a compromise.

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