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Expensive non molestation order

(12 Posts)
pollyanna1973 Mon 31-Mar-14 17:40:46

Ive been stung AGAIN by a solicitor and dv helpline. I apply(last December)on police advice and for mine and my children's safety for a non molestation order. They assure me I am entitled to legal aid. Of course I go through with it and order is granted for 12 months. Meanwhile the legal aid agency ask for every piece of info about my income etc etc etc (im a single working parent with no savings and no one one to bail me out) . It takes them until today to tell me Im now required to pay £417 PER MONTH to keep the order valid. I've cancelled it. I still have to pay one month. So 400 out of pocket and no order in place. I work my arse off to keep me and my two children off the breadline but when I meed protection against an abusive ex partner (who incidentally neither sees nor provides for his children) I am lied to by the dv helpline and left at the mercy of solicitors and legal aid agency.. my advice is Dont go ahead with a non molestation order unless you can afford it. Im watching my back and scared to death again. If he comes near me or my children I wont be responsible for my actions .

Quejica Mon 31-Mar-14 17:49:47

This is not correct.
The court order is entirely separate from paying for your representation.

traviata Mon 31-Mar-14 17:55:14

no, as the previous poster said, there is no connection between the order and your payments.

Look at the order again. It was granted for 12 months, you say. The order has an expiry date on it. It is not cancelled if you don't pay your contributions to legal aid.

What do you think you have 'cancelled'? You can't 'cancel' a court order, only the judge can do that.

pollyanna1973 Mon 31-Mar-14 18:07:55

The solicitor will be notifying legal aid agency to say that the case has been concluded. I dont ezpect freebies but I cannot afford 12x 417 to keep this order in place.

pollyanna1973 Mon 31-Mar-14 18:12:42

Ironically when Ive tried to contact the solicitor previously he's taken yonks to respond. When I leave msg to say I cant afford to pay what legal aid agency say, he's straight back to me saying . You must pay first month and I will inform them the case is concluded. Goodbye. That was it. I dont understand law Im just getting by. If I was on income support I guess it would be free??

pollyanna1973 Mon 31-Mar-14 18:15:41

Thanks for responses. Perhaps I am misunderstanding it but it appears that as I can't afford 417 per month to pay fir this 12 month order and my solicitor is concluding the case , surely the order is no longer in place?

pollyanna1973 Mon 31-Mar-14 18:20:22

Ironically when Ive tried to contact the solicitor previously he's taken yonks to respond. When I leave msg to say I cant afford to pay what legal aid agency say, he's straight back to me saying . You must pay first month and I will inform them the case is concluded. Goodbye. That was it. I dont understand law Im just getting by. If I was on income support I guess it would be free??

Quejica Mon 31-Mar-14 18:46:20

Yes, the case is concluded in that solicitor is no longer involved and their file is closed.

But the court file is entirely separate. The order lasts until its expiry date.

Any breach of a non-mol order is a matter for the police.

You still have your order!

traviata Mon 31-Mar-14 19:02:24

the case is concluded because you have got what you applied for - an order that will last for 12 months.

traviata Mon 31-Mar-14 19:03:42

it means the solicitor won't be on stand-by if you need more advice, or to help you if the Respondent tries to set it aside.

pollyanna1973 Mon 31-Mar-14 19:27:01

Thank you traviata and quejica for your replies. I think I get it now that the order remains. The respondent did say he would be contesting but never turned up for the hearing. Its a relief . 400 is worth it for peace of mind.

babybarrister Tue 01-Apr-14 13:25:31

It is not really the solicitor or DV fault but legal aid agency's - have you tried appealing the assessment? it sounds very unlikely in any event given what the total costs would be be after a couple of hearings ...

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