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Clare's Law

(12 Posts)
bongobaby Mon 10-Mar-14 20:18:30

I currently have a Non Molestation order granted for the next twelve months. The police have graded the situation as a medium risk of harm from exp. He has a history of domestic violence towards myself and his last exp after me. I really am frightened of him and look over my shoulder when I'm out as I know he has been watching me.
Exp is now taking me to court to have the Non Mol order removed. I'm shitting it because the judge has ordered a fact finding hearing on this.
Where is mine and ds protection from this man if it does get removed. Can I use Clare's law at the hearing to prove that he has convictions for a history of domestic violence

HogiBear27 Mon 10-Mar-14 20:32:51

Didn't want to read and run as I have no experience of this. I'm sure that someone else will be along. Perhaps women's aid or citizens advice bureau can help? Sending you love x

Dirtybadger Mon 10-Mar-14 20:37:39

The judge normally has past criminal convictions listed in antecedent bundle. Not familiar with this though so maybe different to a criminal trial (which is what I am more familiar with)?
Post this on the legal forum maybe. CAB may also be able to help. Victim Support may have someone who could answer that, too.

bongobaby Mon 10-Mar-14 20:43:07

How lightly is it that the Non Mol will be removed given exp history.

RealUnreality Mon 10-Mar-14 20:53:28

What incidents took place that lead the the order being granted? Are there any police reports or other agencies involved?

If the order was removed (and I stress 'if') you could report every incident to the police and obtain a restraining order via criminal law.

IME non mols are pretty useless anyway, restraining orders are much more effective.

Is there a power of arrest attached?

He may not go ahead with it.

bongobaby Mon 10-Mar-14 20:58:45

Exp was trying to kick the front door in and being abusive whilst out on probation for assault on his exp.there are a number of police reports regarding his harassment and threatening behaviour. There is a power of arrest attached to the Non Mol. I think he is trying to bully his way through court in trying to have it removed. Which makes it more frightening that he is hell bent on getting me.

bongobaby Mon 10-Mar-14 21:00:02

He already has a restraining order currently being served by him to stay away from his last exp.

RealUnreality Mon 10-Mar-14 21:03:04

From what you're saying I doubt a judge would remove it.

As he sounds like a nasty piece of work, it might be better if you could to press criminal charges and get a restraining order. It carries an instant 6 month custodial for breach and they are often granted for much longer. I have one on my EXH for 5 years.

My ex was hell bent on getting me too but it did work. Your safety is paramount.

Dirtybadger Mon 10-Mar-14 21:13:41

If I were a judge I would view this very dimly. Even being less biased I think it would be clearly seen as another attempt to get at you, bullying and intimidation.
I'm not a judge, though. Get some legal advice. If nothing else you will worry less having someone speak to you face to face and say "nah not likely"...

bongobaby Mon 10-Mar-14 21:46:26

I'm afraid that the judge won't see our safety as paramount from exp.

RealUnreality Tue 11-Mar-14 12:14:17

WRT Clare's Law, it simply means that any woman is able to be given background information on her parter, it makes no difference court. Hope it all goes ok for you

Nomama Tue 11-Mar-14 12:28:04

OP - the judge will have all the background. He can't deny your exprat a hearing. But he can strengthen the order if he feels it necessary.

The fact the exprat is taking you to court is more proof of his domineering manner, more harrassment etc. You and previous ex should keep in touch and support each other in any future court case.

Hold your chin up, but cry for the judge smile

Good luck

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