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molestation order unproven

  • elliotdudley
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27 Dec 13 #417064 by elliotdudley
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Desperately in need of some advice.. my now ex girlfriend and I live together in a joint owned house.I''m curly deployed out in the gulf.before I left we were getting on brilliantly and whilst deployed have been emailing daily with very friendly emails.she however wants me to move out and sign the house over to her. I got in touch with a solicitor to clarify my rights then stupidly told her the only way she can remove me from the property would be with either a molestation order or an occupation order..she then passed all of our emails to the police and tried to say I was harassing her.the police have said there is and was no harassment taking place.I thought I wad in the clear.she is now due to see a solicitor in the new year before I return home and I believe she is now going to start making up stories to say that she is scared of me and needs me out of the house..can she get either of the orders I have mentioned with out any proof even if it is just a temporary one? I''m scared that after spending 36 hours traveling and loaded down withkit, that I''ll turn up at the house and she well be waving a molestation order at me staying that I''m not allowed in...please help..thank you.

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27 Dec 13 #417067 by dulciedo
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was in the same boat as you my friend, I contested mine at court, full of lies ,seems all too easy these days to get a non mol ,.
At court we had to sign a cross undertaking not to bother each other although I did nothing.

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27 Dec 13 #417073 by elliotdudley
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How long did the whole process take to get sorted out and what wad the final outcome? Obviously I want to be back in the house, for the short term at least.

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27 Dec 13 #417075 by dulciedo
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first hearing was about 2 weeks after she put the form in, I contested it I, it then went too a second hearing ,I think it was about three weeks after that we went to court.
I wouldn''t worry too much it really has to be proven to get anyone out from there home.
In my case now there''s a bigger picture, this was just a ploy to get legal aid.

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27 Dec 13 #417086 by elliotdudley
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Ahhh.cool.thank you..that was my main worry.that she could get a non molestation order with no proof and whilst I wasn''t there even if just a temporary one and therefore stop me entering the property on my return..many thanks, you have eased my worries a little..I hope that you manage to sort out the problems you are currently experiencing in a satisfactory way as soon as possible too.

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27 Dec 13 #417090 by dukey
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Non molest orders and occupations orders do not require proof, often there is none, it''s one persons word against the other, they are most often granted without notice to the other partie, but you can take it to a hearing if you wish, which tends to be pointless as the order very often stands.

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27 Dec 13 #417093 by elliotdudley
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Brilliant... so she can make up anything she wants and the court well reply with a knee jerk reaction and give her start she wants? This is ALL because I wanted to stay in the house from January until April so that we had time to sort out our finances and I had time to sort out deposits on a new place... the phrase selfish ***** doesn''t even begin to scratch the surface lol. I''ve kept the email that I received from the police woman that she got in touch with stating that there is no claim of harassment to answer too..maybe that will help to a degree.plus surely if she did feel threatened by me in anyway then she would have flagged this up to the police woman initially.I pretty that the solicitor and judge can see through her petty attempts to slander me. Many thanks for your input.

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