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03 May 12 #328155 by dan1k
Topic started by dan1k
I have been representing myself for some 2 months. I have the final hearing at the end of July, for which I have saved for representation. I received today from my husband''s solicitor notice that my husband is now LIP.
My husband is unable to contain his temper or ramblings and therefore have been grateful for the solicitor.
What happens if my husband becomes abusive or threatening without such a ''third person''? Are there any safeguards against this?

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03 May 12 #328159 by dukey
Reply from dukey
A final hearing is a formal trial unlike the FDR, the judge is the boss, it would be very stupid indeed to make threats in front of a district judge who can send a person to prison without trial.

If a person is unable to conduct themselves in a reasonable manner the judge will deal with it, if that means they are asked to leave the hearing then that will happen, if that person decides they don`t want to leave they get the free help of the courts security, if needed they also get the free help from the boys in blue, they are also able to take advantage of a free stay in one of the many prisons on offer.

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03 May 12 #328162 by dan1k
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Thank you for your response. I wasn''t very clear in my original post, but my concern is about the correspondence between us leading to the final hearing.
For example, he has been given an order with penal notice to submit full disclosure by this coming Monday. Dealing with him over such matters I think could become very difficult and he is prone to threatening, abusive and sarcastic language.
I guess I just have to keep plodding on despite this :(

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03 May 12 #328163 by dukey
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A penal notice is to enforce an existing direction of a judge, it plainly states that failure to comply can result in imprisonment, if he chooses to ignore the notice he takes that risk.

Rather than you get involved contact the court if the penal notice is ignored.

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03 May 12 #328170 by dan1k
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Thank you. If I don''t hear by the deadline I think I need to call the court direct and ask what the next steps are. He has ignored a penal notice before so I don''t think he''s overly worried by them. I suppose the difference this time is that it''s the fifth time I''ve asked for full and frank disclosure! Thanks again

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03 May 12 #328182 by dukey
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One of the problems is the enforcement is down to the judge on the day,some are more strict than others, luck of the draw.

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