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Non Molestation Order ???

  • scottishlady
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14 Sep 07 #3366 by scottishlady
Topic started by scottishlady
Can anyone tell me what would be the grounds that one could apply for a non molestation order?
For the past few days my x2b (and his g/f) have been bothering me by telephone.... last night he was 'coming up here to smash my face in'...he was 'going to break my knees'....he is going to 'see me 6 feet under'..... at one point she was singing a Britney Spears song down the phone to me (obviously this woman has no taste in music)....
Now... it is not a massive problem... but it is something I could well do without.... and although he hasn't actually carried out any of those threats yet...... I think I might be a little 'concerned' if I saw him walk down the driveway...
Any advice would be appreciated
Thanks
Karen

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14 Sep 07 #3367 by sexysadie
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You could try reporting this to the police as threatening behaviour. Ring your local police domestic violence unit. That way the threats are logged and if he does come up the driveway you can call the police and there is a backstory of threats that they know about.

It might be worth phoning Women's Aid for advice as they specialise in domestic violence and the threat of it. Women are more at risk of violence (and of greater violence, if they have already experienced it within the relationship) once they leave a relationship (or in your case, probably having taken the initiative and filed for divorce) than when they are still in it.

Sadie

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14 Sep 07 #3369 by Vail
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Sexysadie is right but you MUST ring the police. You can also contact BT and ask them to alter your 'phone so it will only accept calls from non-withheld numbers. After a threatening or even nuisance call dial 1471, note the number down.

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14 Sep 07 #3373 by gone1
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sexysadie wrote:

Women are more at risk of violence (and of greater violence, if they have already experienced it within the relationship) once they leave a relationship (or in your case, probably having taken the initiative and filed for divorce) than when they are still in it.

Sadie


What? Tell that to all the battered husbands. Women can be just as violent as men. More so sometimes becuase they know the law is on there side and men cant hit back. My ex wife tried to wrap her walking stick round my ear once. When I repored her last year for violent outbursts the police said they would arrest me even though her and her BF were thretining me. Chris.

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14 Sep 07 #3374 by wscowell
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Karen,

On a technicality the Family Law Act (non-molestation order) couldn't be used if he hasn't hit you yet. But you (and the Police!) need to beare in mind the Protection from Harassment Act 1997. This Act has dual jurisdiction - it can give rise to either criminal or civil proceedings.

The Police should be interested in it because they have a duty to protect the public and their property. But criminal non-mol proceedings have to be conducted to a higher burden of proof. The offence has to be proven "beyond reasonable doubt".

In civil proceedings it's much easier to get an order because the burden of proof is "the balance of probability". You will have to warn him off first if you are going for legal aid though. Speak to a solicitor about it, they should be able to get the wheels in motion for you quickly. You should not have to put up with this sort of treatment. Best wishes

Will C

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14 Sep 07 #3375 by gone1
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wscowell wrote:

Karen,

On a technicality the Family Law Act (non-molestation order) couldn't be used if he hasn't hit you yet. But you (and the Police!) need to beare in mind the Protection from Harassment Act 1997. This Act has dual jurisdiction - it can give rise to either criminal or civil proceedings.

The Police should be interested in it because they have a duty to protect the public and their property. But criminal non-mol proceedings have to be conducted to a higher burden of proof. The offence has to be proven "beyond reasonable doubt".

In civil proceedings it's much easier to get an order because the burden of proof is "the balance of probability". You will have to warn him off first if you are going for legal aid though. Speak to a solicitor about it, they should be able to get the wheels in motion for you quickly. You should not have to put up with this sort of treatment. Best wishes

Will C


Hi Will. I have a non mol order against me. I never went near her and never touched her. My ex made a load of stuff up about me. She complained to her solicitor that I had put nails in her tyres and all other kinds of things. I did a reply and had it sworn by the court. I self repped. I had been told by my sol to take an undertaking with me which I did. The upshot of it was that if I had lost I would have been presented with £1000 costs and an order. I could not take the risk in losing that kind of money. That would have been half my legal budget gone in one fell swoop. The judge said he would take an undertaking that I not approch the FMH until January 2008. This was signed by me and that was that. I felt that I had no chance.

Now I beleve in justice. But this was not justice. I had done nothing wrong except marry the wonderful person. How is it right that I be treated like a criminal (I felt like one) and had to sign this undertaking?

The divorce process is so weighted against the man. In Karens case this is def a warrented case for non mol. I reckon when my case comes up in early November I will recieve the same sort of justice that I got in my non mol case. Chris.

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14 Sep 07 #3376 by wscowell
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Chris,

I am so sorry to hear of your case and I know it's far from rare. I think you would have been justified in defending. Where was the evidence against you? Her word against yours? Not good enough, not without more. And she has motive to lie to the Court, because she wants to use it as a stick to beat you with.

The problem was the risk of a costs order though, wasn't it? The system does not deliver. Lord Denning, I think, once said "Whoever said the law had anything to do with justice?" Wise words....

Will C

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