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Non-Molestation Order on me

  • steve_g
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02 Oct 07 #4224 by steve_g
Topic started by steve_g
My Wife is placing a Non-Molestation Order, on me to get me Out of the house long story, short I have a police caution, on Me for hitting my 22 year old, stepson, when provoked, yes I did it, didn’t hurt him, didn’t swear at him, just push him out of my way. policemen off the record said, I am being, stitch up,I am but looks like, I cant do anything about it, will I have to leave my house (still living their with wife, and 18 year old,
stepson, 22 year old there weekends I am desperate for
information, in my favour, I not a bad person and have no
record till now of violent, any ideas, my solicitor does not wont to know? Any help Advice please

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02 Oct 07 #4230 by Vail
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Steve,

You have to wait and then defend yourself. Write up the facts and explain you have been stitched up. get character references.

There is more than one type of non-molestation order but as she's going for the one to get you out of the house it's best to try and show that your behaviour was a one off, you have nowhere else to live, that is your home.

Remember that the law works for you too and if your stepson behaves outside the law then try to exclude him from YOUR home and your wife can visit him on weekends.

  • Sera
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02 Oct 07 #4232 by Sera
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Steve, also in this section my 'Non-moll / Conduct' thread:

www.wikivorce.com/joomla/Divorce-Forum/C...n-Conduct-order.html

Read through, (it might help). First hearing (half hour in chambers). The judge asked if I wished to defend? (Yes, my ex is lying!)... so he produced a sworn 'Affidavit', (full of lies), and 'witnesses' statements, (full of made-up stuff from his dodgey mates, who witnessed nowt!)..

Anywayz, I'm awaiting a court hearing date, (the judge said to allow one day). Basically though, at the first hearing, we agreed to 'boundaries', (within our home), he stays in master bedroom, I'm in spare bedroom, (suits me fine, I requested that!), I don't enter his annex, which he uses for work from home. His sol asked that we no longer phone each other. (Also, fine by me, I can still talk to him in the house, so it seems pointless having a phone ban!)

When you've seen the allegations against you, that's what you'll need to defend, (see my thread for how I'm approaching certain issues, like not being at home on the days he said I was 'harrassing' him). If there were no charges brought (to your incident with son), then I doubt they'd play a rold. Defend what she's stating, and if issues from your past are not on her sworn affidavit, I doubt you'll be judged against previous incidents.

You will go to a 'family court' (it's not a criminal court), and the worst case scenario, is probably be that you are ordered from the home.

Just adding, if incident with stepson, was him being 22 (adult) surely it should be his case against you? and not ex-wife????? Not sure how it works when kids are in fact adults.

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02 Oct 07 #4237 by steve_g
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I have a Caution placed on me, by the police which will go against me I not being divorced for violence, the story is I just had I letter from Her solicitor saying if I don’t take a offer of amount of money which Is on third of what I am excepting, and leave then this order will be placed on me isn’t this Blackmail? We have not got talking about money in the divorce etc, anyway

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02 Oct 07 #4238 by steve_g
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Thank you for that, makes me feel not alone Steve

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02 Oct 07 #4239 by Sera
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Re: the 'BLACKMAIL' bit:

I cited that in court last week. My ex came home from mediation and said that "If I agreed to a financial resolution" (in his favour), then he'd drop the non-mol order. (I quoted his remark in my statement).
The district judge didn't question him, just said that 'Financial matters should be dealt with in mediation" (or something) ... maybe they'll take more notice when I go back in my defence???

Your ex's solicitor cannot order you to do anything. She can negotiate, and request. Only the Court can order you out of your house.

I'd suggest writing to her stateing that the financial settlement should not sway your ex-wifes petition for the courts protection etc etc...

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03 Oct 07 #4263 by gone1
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Steve. You must not hit anyone (even when provoked). Divorce is a bit of a mind game and will test your patents to the max. Ok so you have a non mol hearing. I would take something called an undertaking with you. Its basicly a promise that says you will not molest etc for x amount of months.

But I think you need to deal with your anger. I know what its like mate its hard not to lash out. I had a 14 year old inches from my face screaming "go to fuc*ing bed then" after I yawned. Mind you it was 3AM and I had about 4 hours of abuse from the bitch and her daughters. Deal with your anger elsewhere mate otherwise you will land yourself in very hot water. Violence is not the answer. But I guess you know that. Trouble is that divorce does horible things to us and makes us behave badly. When you know why tell me. Chris.

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