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Non-molestation / Occupation Order

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03 Oct 07 #4268 by Sera
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Yes, he has a lot of money to throw at this! I have my monies tied up elsewhere. (Not selling my house to defend his rubbish!)

The court have assigned a hearing date of 14th November, But I have to supply a statement in defense of allegations (and as much supporting evidence) by next Weds 10th October deadline.

:ohmy:

So, all the people I've asked for statements from: Hotel in Cuba, (where he claims I was restrained by security!), Police records, (where his witness lies against facts!), and Forensic Audio specialists, who are advising on the authenticity of his CD's...

I doubt any of that lot can supply me with help within a week! (Court says just to go with what I have,and put into my statement my efforts!)

I'm now bedding down (burning midnight oil, and propping eyes open with matches) to start my statement. (108 pages of lies to defend).

Someone call Dominoes Pizza!!!

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03 Oct 07 #4272 by wscowell
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Stay with it Sera, I'm confident you will be vindicated.

Will C

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03 Oct 07 #4277 by Sera
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I may be vindicated, however, on the grounds that I died of associated stress disorder a month before the case came to court.

Onwards... Just using an Exhibit from an e-mail, where by ex asks his sol:

‘I made some more recordings yesterday, but at nearly two hours the time involved to transcribe and record is enormous, do you really need any more of the same old diatribe?
I could cherry pick comments, if necessary, but is that “Taking out of context”


Quick Question Will: (Score 2 KrispyKreme doughnuts to my account) ....

I'm providing all in the form of a 'Statement'.
I'm also providing the e-mails, and a few photos as 'Exhibits', and don't know how to number them???

Is it alright to just supply them, and expect his legal reps to add reference numbers? I'm not sure how they are going to add my statements to their bundle? (Assume just to the back of it). I assume I'll just number the exhibits to corespond with my statemnt? In the order they appear?

Can you come to my funeral please??

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03 Oct 07 #4281 by wscowell
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Sera,

I'll assume you have access to a word processing package to do this statement. start with a little block of information at the top right-hand corner in 9 or 9 point type.

The following items should appear, one above the other: your name, your capacity (you are "respondent" in these proceedings I think), the word "First" if it's you first statement etc, then details of what exhibits you are attaching, and what they are called. For me, if there are 3 exhibits, I would write "WSC1,2,3". You get the idea. Then lastly, the date it was signed. That little lot is up in the top right-hand corner.

Then you get what I call the main Court document heading for that case - just copy it from his statement or any other likely document already in your hands.

Then there should be the title of the document, between "tramlines" - 2 parallel lines. E.g. "Statement of Sera Smith" or whatever.

Then start with: "I, Sera Smith, a (occupation) of (address) say as follows. Then follow with numbered paragraphs. The first should say it is filed in accorcance with the Order of the Court dated (....)and in oppositin to the application filed by the Applicant (insert lying bastard's name) dated (insert date).

The next paras should deal logically and methodically with his allegations. Keep it terse, brief, CLEAR and remove any words which aren't absolutely necessary.

Finish with two things: first, a numbered paragraph saying "For all the reasons set out above I oppose the Application and ask the Court to dismiss the same, with costs against the Applicant in view of his abuse of the Court's process."

Last, but vital, the words "Statement of truth", underlined, in bold. The the words "All of the matters set out above are true to the best of my knowledge and belief".

Then a signature line, and a date.

A statement without a "Statement of truth" is in theory not admissible and a Court could reject it. Better not to run the risk.

Every page should be numbered, from 1 upwards, bottom centre.

Number each of the exhibits from 1 upwards. If there are more than 5 or so, try to group some together as a single exhibit. (E.g. "bundle of e-mails sent by the Applicant, dates various" if they have to be described.) Each exhibit has to have a front sheet with the case details and saying which exhibit it is (e.g. "Exhibit SS2 to statement of Sera Smith dated .....")

Sorry, I didn't intend for this to be so long but there is a lot to do to get these things right.

Will

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03 Oct 07 #4290 by Sera
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Don't say sorry! The more info - the better!...

And I hope anyone else reading takes notice.

Now, I'm using 'Word' but my limited skills are confuzzling my old grey matter... But, I am paying attention, and have started to prepare the statement.

Now, here's my problem. I supplied a First statement at the first meeting. It was 13 pages!

Now in my second statement, I can make it short and to the point, but I find issues I wish to dispute in every paragraph of each of his 108 page court bundle. So, how can I make my point about denying each allegation, if I'm expected to keep my defense short!?

Or am I wrong in thinking that they need all the info before hand????? What part of the proceedings can I bring in all my disputes? Do they work through the court bundle, oage bu page and simply ask?

I'm getting more confused, the more information I get!

For instance, one witness states: he was was 'worried' about my ex's welfare, because he hadn't seen him socially for months, and fears my conduct is such that he can't see him'......

In my defense I went through our diary, and found almost 30 occassions we'd seen him socially this year, and I listed all the events, birthdays etc...

Now, how do I address all of these issues? If I just typed the list and handed in on day, they'd argue it wasn't on the bundle!

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04 Oct 07 #4302 by wscowell
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Identify the main issues in evidence that you want to target. Draft your statement with those in mind, and ensure the documents you need to refer to as proof that he is misleading the court are attached to the statement as exhibits.

Some of the matters raised by the other witnesses will be of limited relevance. Leave them out if you can.

Deal with his main allegations, in the order they are made. Once you have addressed the core issues, work outwards until your instinct tells you that if you go on any longer everyone's eyes will glaze over.

What you are trying to do is the main problem for a lawyer trying to represent his client without over-egging the pudding. How much detail to include? How many allegations to address? How much will it all cost my client? Is it strictly necessary? Have I covered the main points? It's the eternal dilemma.

The Judge is coming to it almost cold on the day, although a good one will have read the file beforehand as far as possible. He/she will only be able to hold the main issues in mind, so deal with them. Good luck.

Will C

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04 Oct 07 #4306 by gone1
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Totaly agree with what Will C wrote. Focus on the main points. Non mol is a non event realy. It dont need to be so long. Its not the OJ trial. In my non mol I had a long diatribe from the fat coacher about how I used mind games and I said this and I said that. I just sumarised it up by saying "Mr Edwards and I have long standing issues and he is responsible for lossing my family" Killed it dead.

But on the issues that looked important I had about 6 inches of text. Also dont forget to have the lines double

spaced. If you look at his pettion you will see this. Its

very hard to read a document where all the lines are

scrunched up.

So make it look like the above. You can do this in word.

I found the howto in the help section of word. Like this:

Select the text you want to change.

On the Formatting toolbar, click Line Spacing , and then do one of the following:
To apply a new setting, click the arrow, and then select the number that you want.
To apply the most recently used setting, click the button.
To set more precise measurements, click the arrow, click More, and then select the options you want under Line Spacing.

If you want to see one of my docs PM me your mail addy and I will send it to you. Chris.

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