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Non-molestation / Occupation Order

  • Sera
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24 Sep 07 #3859 by Sera
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Back from court. Brief meeting, (in what looked like an office / study room). Not sure if the guy was a judge?
The court clerk had said to address him as 'Sir'.

Had my statement witnessed at the court office two hours before hearing, and gave to ex's sol (via court clerk) one hour before hearing.

They in turn, presented me with a file (Court Bundle) which had all their paperwork, EXCEPT they had added witness statements (from saturday), and from today (just 35mins before our appointment). The judge asked if I'd voluntarilly leave the home, (Nope)... then I asked for my right to defend his allegations. (Which I'd already set out in my statement). Ex's 'team' have to give me all their witness statements by this Weds, and I'll have a few weeks before one-day hearing. (After 12th Oct).

I have been warned about having to pay his costs in this matter. (I estimate that to be easilly £20k) Because he had the sols and the court accept his application over a weekend. Any idea as to costs anyone?

He's using expensive lawyers, and they've produced 'hundreds' of papers!

I'm off to get my own legal advice after I've seen all his case.
You're right though Chris, they aren't favourable to me self-repping!
One thing that got his sol upset: We are in mediation (she denied it!). I told judge we had next appointment for 15th Oct, (he's booked, and paid!), yet she still denies it.
Duh! My ex2b says he still wants to mediate. His sol however, would probably rather have big AR fight also!

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24 Sep 07 #3861 by wscowell
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Sera,

this was heard "in chambers" (i.e. not in public) before a District Judge. I still haven't heard anything to change the advice I gave you before. Stick to the criteria a Judge has to address, deal only with facts and of course the things a Judge has to see to make an Order.

Then, when the Application against you is thrown out, point out that he has lied persistently throughout, used the Courts as a weapon against you, and ask for costs on the basis of his "unreasonable litigation conduct". As you have self-repped, those costs will be token only, but the bullying behaviour of his solicitors should be penalised.

I would hesitate to suggest they should pay you costs, because they can always say "well we only represented what he told us" but if it was open to them to check about the mediation, and they pressed that point anyway, it gets pretty close to suggesting that they lied, or at least conspired to deceive the Court, which is *very* bad karma!

Keep the faith, I am sure you will be vindicated.

Will C

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24 Sep 07 #3875 by Sera
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Thanks Will C:)

OK, he's stated he can no longer conduct his business here (at our marital home), I won't say what the Buisness is, (I believe it needs a D1 liscense though). He's stated that I have caused so much interference with his 'clients', that they can no longer come here....

His sol has painted hundreds of pages of my bad 'conduct', (all untrue!) But also he needs to create an excuse for divorce because he hasn't got one!

Sol states he cannot conduct his business here: To which District Judge says:
"Mrs muchsmarterthanyougivehercreditfor
states that he does not have the rights to conduct a business from their home". (I interject annexe used, was built as a home-hobbies room) :P

Silence.

They threw some witness statements into the brew, and I note these from a bunch of dope-heads he's probably waivered fat fees for!
We shared an e-mail (for two years), at the start of his preparing for this case, he deleted loads, (I've said 'destroying character ref and evidence of my popularity etc), and he's denied me access to all his (our) clients, through phone, e-mail etc. Even if he now provides me with contact numbers, (as I've requested) I doubt his clients, (that need his services) are going to do anything in support of me!

Maybe I should call in Fire regulators, and Council people to shut business.

No business, no case! I stay in our home!

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24 Sep 07 #3878 by Sera
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Thanks also for your advice about the 'facts'.
I waffled on in my 13 page statement, but the DJ said I didn't state the 'facts' of how we should resolve the issue.

(Erm, I take a stroll on the M1 blindfolded?) :angry:

I told the court we already had a verbally agreed conduct order within the house. (I have not entered his 'business' annexe for over one month, since he asked me not to)

I have gone to the spare bedroom, (he ripped off the door, hung a curtain in my doorframe claiming that I had no rights to privacy!), But there I've been since July.

He, however, put a bolt on the Master bedroom, which he occupies. (Bolted? I told him "no need, that'd be the last door I ever came a knocking on"!) :kiss:

So, I told DJ I'd be happy for him to draw up our designated zones into a formal agreement. (He did the order to us both). His sol then asked a condition that I don't call him, (doh! we live in same house!) We come home. ... "wanna cup of tea"!? ... ... but neither of us phoned to ask, so I guess that's OK.

Also, agreed to non verbal or use of 'colourful' words.


Editing to add: My ex added a 'non-molestation' order to this: (false allegations), and a sol told me that if I was to ask for legal aid (I can't) but IF I did, I'd not get it for non-mol order!!!!

What happens to the poor hapless victims that can't pay extortionate costs in non-mol? Especially if they're innocent?

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25 Sep 07 #3892 by wscowell
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Sera,

"what happens to the poor innocent victims..."

I'm sorry to say that because:

1. The Government has decreed there is to be a limit on legal aid spending and:

2. Rising criminality takes a larger and larger proportion of that fixed kitty,

Joe public suffers a lack of access to justice. It stinks, but the movement to dismantle the legal aid system has been under way for 10 years at least. You can hardly get legal aid for anything nowadays. Solicitors have come very close to a mass national strike in protest. Not because we lose fat fees (we probably lose money on legal aid cases) but because we believe in what we're here for and it's wrong to remove access to justice from the vulnerable. Emotive, sure, but my views nonetheless.

Will C

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25 Sep 07 #3904 by gone1
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Sera. Nice one. My ex had legal aid for the non mol. It is part of her divorce so maybe thats why she got it.

Will C. This is bad mate. British justice is reveared around the world as being just that. Justice. I am learning that Divorce is a totaly different branch of British Justice that is not Justice at all. Its just a playground for people that lie and abuse the system. Surely Sera's ex hasnt got a leg to stand on realy and his solicitors must know this. Totaly absolutly barking mad. I cant wait to get to court. Chris.

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25 Sep 07 #3909 by Sera
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I am so damn confident at winning, that I decided 'to hell with the costs', I want a legal team too, and will ask ex to meet that bill if I'm successful. I am going to ask if I can borrow against the house, if I need to. (Don't worry, I'm not leaving myself short).

His sols have a reuptation for being 'aggressive', but they don't work 24/7 like my brain does on this!

I went to bed at 10pm, and at midnight my grey-matter was still trying to fathom (and replay) the court meeting from yesterday.

Then another 'lie' from his sols came to mind. In their non-mol order, I'd said to Dis-Judge "My husband continues to share teas, coffees and meals", (implying that what his sols claims is our marital conduct, is not true)... his sols shouted me down, and yet, sat their - in their Court Bundle, was a 'witness statement' (from my ex's mate) claiming that 'on the evening of 21st Aug, Mr. sh*te-face invited his wife Sera to join us for drinks at their home" ....

...and I forgot to mention it. (And only remembered at midnight!). His whole case is based on how he can't possibly share a home with me because of his mental anxt, in my aweful presence... yet his mate admitted to him inviting me to join them in our own home!

Same mate claims that they have not seen him socially "in the past few months" because my conduct is so aweful. I went through the diary today, have found twenty-four dates (in the last few months) where we saw them socially. (In addition to the numerous pop-in-for-coffee moments)!

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