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Cross Non-Molestation Application; HELP !!

  • Nick9480
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19 Aug 12 #350449 by Nick9480
Topic started by Nick9480
Hi. I am nicky, I refused to accept my husband''s undertaking for Non-mol order in court as he has been physically abusive towards me on 8 occasions in last 4 months. In response to which he said he will make cross application for non-mol order, alleging harrassment from my side towards his misstress.
I have question regarding this:
1. what r the usual results on cross non-mol order?
2. He has manupilated incidents relating to his mistres, in family court, since his mistress is not part of family, am i obliged to respond to his allgations made relating to his mistress? he has no grounds for harrassment; he is using his mistress to file for non-mol order based on harrassment;
3. Is it correct to respond like : "The incidents alleged by STBX relating to non-family member XXX addressed as XXX in FSR is manipulation of events and not true. I have addressed all matters related to non family member XXX in this paragraph and I will like to focus on family member - STBX and his parents, behaviour towards me that has left me feeling bad about myself with very low self esteem."
4. I have 1 x independant prove of the assault he did out of 8; i am worried that I may loose the cross app; would i then have to pay for his and mine application both?

  • jonathancj
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19 Aug 12 #350547 by jonathancj
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He can''t apply for his mistress, she will have to apply herself. She''ll have to file evidence and present herself for cross examination. It would have to be a separate application, heard separately. It isn''t actually a cross application at all. Only if he applied on his own behalf would it be a cross application.

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19 Aug 12 #350549 by Nick9480
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Thanks Jonathan, what can i say in my reply to his FSR (first statement by respondent) mentioning, i am not obliged to answer his manipulated allegations related to his mistress as she falls outsuide the family law proceeding?
He will be applying for himself. He''ll probably say how distress he was seeing his mistress sad and disterss. he''s a liar and a manipulator and a violent man, i feel sad why i married him 7 years ago, h''s cheated on me 5 times in my relationship with him. ...

  • sillywoman
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19 Aug 12 #350553 by sillywoman
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His mistress cannot apply for a non-mol against you as it has to be a family member or ex family member.

I would accept undertakings if I was you. I went down this route, my ex broke the undertaking and was brought to Court within a week and the Judge was prepared to commit him to prison! I asked the Judge not to do this and luckily for my ex the Judge gave him a last chance and made it pretty clear to him that it was me that stopped him going to prison, but a further breach would definitely send him down. It worked because I have had no trouble since.

However, his girlfriend began harassment and so the police issued a notice on her and that has stopped her.

So all good!

  • Nick9480
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19 Aug 12 #350580 by Nick9480
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Thanks sillywoman. I told my barrister later, I would accept his undertaking but barrister replied it too late now.
Anyhow, I have to file scot schedule and witness in reply to his FSR.

He will then file further reply to my reply to his FSR.
Now what i am confused about is since he will be putting cross application for non-mol , does that mean this will be again new application apart from him filing reply to my reply to his FSR?

(I hope my ? is not confusing) :(

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19 Aug 12 #350586 by sillywoman
Reply from sillywoman
Tell your barrister, it is all too stressful and will accept Undertakings.

  • Nick9480
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20 Aug 12 #350600 by Nick9480
Reply from Nick9480
is it possible now? Non-mol was extended to Nov end this year pending further cross-application by my STBX.

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