Filed for divorce last week and knew that I would probably have to get a non molestation and occupancy order, due to agression and threats and the fact that our 2 special needs kids are hearing his threats.
He has just gone out and I really will need one asap, can they be done in a day. How do I go about it?
I think that the length of time depends on the circumstances. In an emergency a Court can consider an application immediately without the other person knowing about it. Best bet is to call you Sol now and they will tell you if you can do an emergency application.
go and see the police....they have sorted my husband out under similar circumstances, told him to stay out of the house and issued him with an anti harassment notice...means i can dial 999 whenever he breaks the terms and comes into the house without my permission.
The police are extremely hot on domestic violence this month, so will be sympathetic and helpful, not sure how long this attitude will last, but my advice is take advantage of it and file a formal complaint. Even if they don't do anything, it is lodged and will be taken into account in any later proceedings.
You just need to free up several hours to go and make a statement.
best of luck
We got one in one day and frankly it was not difficult. The bar is set bery low for getting one. You can get one on an ex-parte (without notice to the other party). All you need do is fill the forms out and type up a statement and go to the court at around 11am.
Speak to the listing officer and say it is an emergency. They might try and get you to go away, but just take a book and expect to sit waiting for a long time.
We eventually got in front of a judge at around 3:30p, read the statement and it took about 15 minutes.
Since it carries power of arrest, you need to get a process server to serve it on the other party. This cost about £90. They will go to the other parties home (or work) and serve it on them. They will supply you with a signed affidavit to say they have done this, since it only comes into effect when served. Then send copies to the local police station and they will put it on file.
Practically, if the other party does not like it and wants it revoked, they will fill out an FL403 to discharge, with an associated statement which they are obligated to show you in advance of the hearing to over turn.
By virtue of the court timetable, this will be many months. At least 2-3 months before another hearing.
It is very difficult thing to overturn, since you would be asking for the right to do things that you should not really be doing. It is best to just comply with it. I have no doubt that they are sometimes issued out of spite, however as long as you comply with it there shouldn''t be a problem. I mean how can you go into court and ask for the right to go to the FMH when you do not need to?
When the court grants an ex parte order, a return hearing is listed at the same time which should be within a week or two.
At the return hearing the respondent, if they show up, has the opportunity to challenge the order and if the matter cannot be settled by undertakings (promises to the court not to harass or pester) the matter will be listed for a final hearing.
The bar for injunctions is not set low, the applicant has to demonstrate that their application ''has legs'' otherwise the court will dismiss it. Similarly, if the application is not actually an emergency the judge will bend your ear and kick the application out as the emergency list is for, well, emergencies.