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Legal matters

Witnesses

2 replies

mytimewillcome · 06/06/2016 09:42

Hi,

Can someone tell me what to do about witnesses for a non molestation order hearing?

Can I call witnesses from the respondents side? Or do they call their own witnesses? What happens if one of my witnesses doesn't want to go to court? Which is the best type of witness to call? I have one 'professional' but I think they will be reluctant to come.

Thanks.

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MarlowWills1 · 06/06/2016 09:52

You should only call witnesses whom you know are going to back you up, obviously, so if you call someone from (presumably your ex/s) family, it could be counterproductive.

Your solicitor is best placed to advise, as they will be the ones drafting the witness statements and examining them in court and of course cross examining any witnesses on the respondent's side.

It's quite unusual to have a contested hearing for a non mol, as usually the respondent is advised to give an undertaking - are you absolutely sure this is going to go to a contested hearing?

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mytimewillcome · 06/06/2016 10:26

Thank you. That is very helpful. There was an undertaking offered but the respondent asked for some exceptions and I refused. I am only being represented by a barrister not a solictor so I am drafting everything myself.

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