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defending a non molestation order

  • nurp
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27 Mar 12 #320364 by nurp
Topic started by nurp
Hi All

I am in court very soon defending a non molestation order.

Background :
- the applicant is my ex-wife
- she has a mental illness and a criminal record
- we have children who are resident with me
- I have not contacted my ex-wife whatsoever in the last year or so apart from recently via solicitor, to do with financial matters
- there will be zero evidence of any molestation whatsoever by myself, I have only ever written her the occasional civil note in an effort to settle finances
- I received a few slighly threatening messages in the post from my ex wife recently
- my ex-wife made the application herself, there are some important omissions such as no mention of the children

My strategy :
- I am representing myself
- I have provided a neat and concise "pack" to the court including copies of communications between us

My questions :
- how do you rate my chances of getting this dismissed ?
- do I need to attend court ?
- any tips / advice on how to handle this ??
- should I expect her to get a "slap on the wrist" ?

Many thanks :)

  • Emma8485
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27 Mar 12 #320370 by Emma8485
Reply from Emma8485
I''ve had a fair bit of experience with orders such as this through some work I did a few years ago, non molestation orders, asb injunctions etc.

The fact that you are defending it - does that mean it was granted ex parte?
Usually to get an ex parte order there has to be some proof that there is a risk there, and there is a return hearing to defend it very shortly after. If at the return hearing there isnt any proof that an order is required then its usually not granted any longer.

Is this the case with your order?

  • nurp
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28 Mar 12 #320500 by nurp
Reply from nurp
Hi, thanks for the response

My wife applied for the order herself without solicitor ex parte. Then she a copy to my solicitor [who represents me on financial matters only, not this].

The application is to be heard next week.

Am I expected to attend ?
You mention a return hearing - is that when I should attend ?

There is zero evidence of any harassment by me.

I found the postcards she sent me promising to "Get me" etc... and included these in the pack I put together for court.

Cheers

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