Non molestation respondent now applied against me

[Mommybearx]

I applied for a Non-Molestation Order against my ex husband who physically assaulted me, amongst other things over the last year since we split up. This was recommended by the police.

We have a 30 minute hearing coming up and he has now applied for one against me. I’ve read his papers and it’s all fabricated but he’s alleged that I am violent and a threat to our three children. He has gone further to say the order needs to cover them as well as me. They are young primary school age and live with me more than him.

Does anyone know, what are the chances the hearing of 30 minutes will not be enough and then adjourned? I can pretty much prove every point he has made is false and show that he is a compulsive liar but I don’t want to turn up to court with all my cards if it will then be adjourned and he has time to make up more things for the next one?

What are the chances the Judge sees through his lies?

I am so exhausted by all of this, I just want to live in peace, and what’s most upsetting is he will lie and put the kids time with me in jeopardy just to ‘win’

thanks

the order needs to cover them as well as himself * sorry

Why has he left it this long if he claims you are a threat to the children, if he was that concerned why didn't he do something sooner instead of tit for tat. Has he got any proof you are violent or the children are at risk? Has he ever got injuries, hospital reports, police reports, social services and school involvement.

In the same situation the judge wouldn’t look at evidence that disproved every counter claim, basically said was tit for tat. Ordered both to make undertakings that have significantly disadvantage the original applicant. Progressing to further fact finding hearing was discouraged under threat of having to pay other sides costs. Wasn’t helped by police dropping all DA and DV violence charges despite all the evidence.

Is this the first hearing? Or a return date after your initial application?

Either which way, the half hour won't be enough and the court will adjourn for a full hearing unless there is an agreement. Undertakings shouldn't be considered where there has been violence.

Do you have any family proceedings listed/planned?

Hmm if it is adjourned it means I’ll be paying 2 x barrister costs- it seems insane that I can be subject to this abuse but have to pay this much for the protection I need.

It’s going to be the first hearing.

I definitely won’t be accepting cross undertakings and hope it’s not ordered.

It’s all very stressful.

Same thing ended up happening
I walked away with an interim order as well as him- he told a lot of lies and then after the order was given and they were making instructions for next final hearing, he went over the top about me and I think the lay magistrates realised at that point he’s not in need of protection. He was too cocky to as anxious as he made out… I’m hoping the next hearing his order continues and mine is dropped.

Yep financial, and now children too so at lot of court hearings !

He doesn’t have any of that… and has written allegations now on a child court order application. Bring on cafcass, I look forward to showing them the evidence to prove most of his points are lies