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Non-molestation / Occupation Order

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08 Oct 07 #4465 by gone1
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Sera. When I did my non mol, I was presented with a statement of costs at court. I dont think you can be told until you get to court. I reckon it will be a lot. Does he have money to burn? He would be better off giving it to someone that needs it. I can think of one individual that could do with it. I will happily dispose of it for him ha ha. Chris.

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08 Oct 07 #4466 by Sera
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Yes, he has lots of money to burn. (Well, he didn't appear to when I worked for him for nothing, or schlepped around in his filthy old car, or renovated the house, and he didn't want to waste monty on a decorator) etc;

I'm sure he could've had anice car by now. I saw a note from his sol, saying Barrister would be £750 (and that just for the half-hour hearing!) Now idea what her day rate will be. He has literally spent the last two months parked up at his sols office, with every gripe, (stuff like "she was rude to my mum on the phone last night"
.... (at around £150 an hour, I'd say he has a bill of at least £15,000 by now) ???

Well, anything I get charged for, will come out of my Financial claim.

We're asset rich, and cash poor!

When I'm through with all this, I'll just be assetty-richer. And proud! I'm not asking for anything other than what I gave to this pot.

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08 Oct 07 #4467 by steve_g
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OK folk’s HELP any idea what I should, do when the wife lock’s me out of the house remember, I am on a caution, she going for a Non molestation order and she happens to have the backdoor key's and will not let me have them, this has to be light amusement for the rest of you but still blxxy stressful for me, any idea’s before I get
back home cheer's Steve

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08 Oct 07 #4468 by Sera
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My ex tried this ploy. He was advised that the court would frown upon the (foul play) of 'Taking the Law into his own hands'.

If she has a non-mol against you, then she'll have to await a Court desicion. You have the right to occupy your home until such a time a court orders otherwise.

A quick call to the Police (not 999, just use a switchboard number) will probably advise. Trouble is, if you go home, she starts yelling that you 'abused her', then that's you arrested!

Ultimately, I'd use this to strengthen your defense when the time comes.

Also, do what I did. I told ex2b that we'd have verbally designated rooms, (I'm in spare bedroom) Then I asked court to draw that up legally.... You could verbally say, you stay in this room, etc' and promise not to bother her etc.

I'd asked a sol, what would happen if he changed the locks, and the sol said I'd have to apply for Emergency Court Hearing, and pay around £5-6,000 for the court to sit within the next few days...

The HIlton is a lot cheaper!

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08 Oct 07 #4471 by steve_g
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Thank’s Sera, advantage is I get, home first, if the lock is changed then I go to the Police Station, then ask them, as I have a caution they my send a police man around with me, if not I go to the Hilton!

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28 Oct 07 #5411 by Sera
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Update: I'm still awaiting the trial (one-day 14th Nov):

However, I received a letter from ex's sol stating that one of his Witnesses was not around for the trial date, therefore his Statement only will be relied upon.

Two things: Is it normal / usual? that his Witnesses attend our Hearing? (And will they be in the room with us?) or do I (Litigent in Person) have to request them there?

and secondly: Will I have the right to cross-examine them during the Hearing?

My feelings on Witnesses absence is that his so-called sworn Statement is a lie, (which I can prove since it conflicts with Police evidence), therefore I imagine he doesn't want to attend!

EDITED TO ADD: Just found some useful information of the formalities for Witnesses:

www.hmcourts-service.gov.uk/infoabout/at...county_high/made.htm


...so answered my own question! :)Talking to myself is what I do best! Hope it may be of use to someone else though.

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31 Oct 07 #5614 by Fiona
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Sera, sorry for taking so long to get around to answering this. I've not been able to access HMcourts publications for some months so sorry if there is any duplication.

Please bear in mind I live in Scotland where things are a wee bit different, but I think the principle is that if someone wishes to rely on the evidence of a statement they must call on the witness to give evidence in court, unless the court decides otherwise. I presume the witness will just be called into the room to give evidence. The court controls the giving of evidence and you need to apply for permission to cross-examine. Your best bet is talking to someone at the court who can tell you about procedural matters, although remember they can't give legal advice.

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