My husband is divorcing me, I left due to violence and his behaviour which got worse over the months in October he was arrested after making calls to my brother threatening to kill me whilst I was in my daughter's home where our grandchildren live. The CPS cleared the charges to go to court which included harassment of me (60 calls a day). I decided to wait until the court date and not get a non-mol as in these cases the judge would normally give one as a matter of course. However, days before the court case he was taken into hospital and eventually sectioned under mental health act - explains the bizarre behaviour. He was due to leave hospital, so I wanted the non-mol in place for when he came out of hospital as clearly the court case would be delayed. I got the non-mol and he was given the 48 hours to question it. In the meantime he has been sectioned under section 3 and could not be in hospital for up to six months. I have to go to court again, day after tomorrow when it will be decided if he has capacity. I have trawled the net and can't find anything so if you could help-anyone? My argument is, whilst he is in hospital it doesn't matter if he has capacity, he can't break the order. I want it in place from the minute he comes out when presumably he will have capacity. I don't want to spend a day wondering if he is going to show up and 'slit my throat', I want to know that if he shows, there will be a police car at the door in minutes and he will be taken away (it has powers of arrest attached). Why do I have to pussy foot around, worrying about whether he understands, surely my beautiful grand daughters are the priority? It wouldn't even help me to leave my daughter's home the last time he came he didn't believe I wasn't there anyway. I can't believe he is managing to do this to me from his sick bed - he told me to get out and I went, he told me he was divorcing me and I said fine, it all went pear shaped because when he asked me to go back I refused! I know it's not very PC right now, but why are we even considering his mental health - why is it relevant is it his get out of jail free card? I can't have my non-mol and he gets to come here and scare the living day lights out of us but he's not well so we'll just have to put up with it? Sorry ranting now, can anyone help in the next 24 hours?
Hi All, well for anyone reading this in the future, Polar is spot on, the law is not protecting the victim! What happened is, the judge, on reading a letter from the hospital stating he did not have capacity to understand the order, decided that for our safety he would issue another one giving 28 days for him to respond and if he didn't either appoint a litigation friend on court solicitor to act on his behalf, them he would issue the order. This order is purely for my protection saying stay away from me, how one earth could he legitimately argue against that? Most normal people would not need a court order to stay away from someone who didn't want to see/speak to them.
This going to cost a lot of money for something that is inevitable and could have been done at the first court hearing. he has threatened my life twice, he has harassed me for months, what judge is going to say that what I am asking for is unreasonable? I want the order in place at the moment he leaves hospital when presumably he will have capacity. The police have already flagged the address but the police station is 9 miles away, with blue lights it's going to take them about 15mins perhaps realistically nearer to 30 mins a lot can happen in that time. I feel so frustrated, it doesn't matter that he doesn't have capacity right now, the hospital haven't even told him about the order, it matters for when he is released, surely they could put a proviso in the order to say he could question it on release if he wanted. I will keep updating in case some other poor soul has to go through this. I will try National Centre perhaps they know of a precedence (hope that's right word .
I will try National Centre perhaps they know of a precedence (hope that's right word .
It's not that they will know of a precedent it is that they use Civil Law remedies not Criminal Law.
The burden of proof is much lower, balance of probability not beyond all reasonable doubt, and an injunction is usually issued in the absence of the other party then they can challenge it later if they wish.
I know it's coming up xmas so don't hope for a reply any time soon, but if you could just explain. I have applied for a non molestation order through civil courts, so that I had one in place should he be allowed to leave hospital either on visits or permanently. There should have been one attached to the outcome of the criminal charges against him, but they are on hold until he is well. So I'm a bit lost on 'injunctions' really. Sorry but this is a whole new world to me (as I guess it was for everyone on here) so I don't if you could explain when you get a chance it would be really appreciated. All I know is I hope to take out the court order and he can object at specific times, ie originally 48 hours and now 28 days. If he is not well in 28 days then a litigation friend or court officer will be appointed to represent him. If you could tell me when the injunctions come in or anything else that might rear it's ugly head I don't know about. I am beginning to think my solicitor should have known this was going to happen, she was the one pushing for the non-mol? Anyway Merry Christmas and thank you for help
His threats to kill are not only shocking and unacceptable, but criminal acts (Offences Against the Person Act 1861) and your safety and the safety of your grandchildren and other family members must take top priority. If you ever feel in imminent danger, you must call 999. You are on the police radar as vulnerable, so they should respond very promptly. Secure your property as advised above by other wikis.
Rights of Women (rightsofwomen.org.uk) has useful legal information online or you can ring the helpline on 020-7251 6577.
As you say wikis are busy with preparations for Christmas at the moment, but many will find the situation you face beyond their experience, so will hesitate to advise you. Better to speak to the professionals with experience. The National Domestic Violence has a 24 hour free helpline (0808 2000 247), which is run in partnership by Women’s Aid (womensaid.org.uk) and Refuge (refuge.org.uk).
Their website states:
'The Helpline can give support, help and information over the telephone, wherever the caller might be in the country. The Helpline is staffed 24 hours a day by fully trained female helpline support workers and volunteers.'
They can talk you through what protection is available to you, both practical and emotional, and there is plenty of information on their websites. They should be able to explain more about the injunctions and also give you practical advice about keeping safe. They employ lawyers too, so may be able to get you some legal advice over the weekend. Please call them.
I'm truly shocked to read of the situation you find yourself in and wish you to stay safe and let us know how you get on.