violent ex can he take me back to court once out of prison

[bobbie3081]

wander if any one can help after 11 yrs in an abusive relationship with a much older man i finally moved away 2 and a half years ago, since then hes been dragging me and the kids through court for access which he got supervised , but he has since been involved in a couple of violent episodes both of which resulted in knives being used the latest one he stabbed a neighbour , telling people that its all my fault !! hes currently on remand in prison when hes served his sentence is he allowed to drag me back through the court system for access ?? or can i now start to draw a line under it all

Yes, he can! Mine did the same

Ask for cafcass and a forensic psych assessment. Hopefully he will be deemed too dangerous for meaningful contact. Medical records and Crim past will be exposed

Then I got a section 91(14) to prevent more application in court for minimum of6 years. Not easy to get, but he's out of our lives for good now

@ bobbie3081 :- As far as the family courts are concerned the most important thing is the welfare of the children. So I think your ex will only be denied contact with the children if he is or may be a danger to them. The incident with the neighbour is alarming but doesn't necessarily imply any danger to the children. It may avoid a lot of stress if you can come to some agreement with your ex re contact. Otherwise, as ILoveTIFFANY says, he can apply to the court. What the judge decides is entirely at the discretion of the judge and he or she will probably pay quite a lot of attention to what a CAFCASS person (social worker) says.

i wouldnt chance arranging contact yourself.....he was given supervised contact only,by a court....so he was already deemed unfit to have unsupervised...
there was a reason for that!!

@ bobbie3081 et al :- If you and your ex are both agreeable, at least initially, to supervised contact then that could be essentially rubber stamped and issued by the court. As could any subsequent agreement re unsupervised contact. But if you aren't on speaking terms with your ex a judge will have to decide after hearing what you and your ex are each proposing.

you are offering dangerous advice here melvin...again....court have ALREADY sai contact needs to be SUPERVISED......he then goes on to attack people with a knife.....and now you propose op should ignore court and do their own thing???? the courts would have been privy to alot more info than us....

also.if not on speaking terms then mediation should be recommended

Technically he can. But i would be very surprised if he was awarded legal aid so he would need to self fund. Family law cases are very expensive.

I think you are best off getting yourself to a solicitor now and get some court orders made now yourself.
get him fully assessed psychiatrically. get it all through now to refuse access to him now. that way you can get on with your life.

As Tiff says, it is possible to get an order to prevent constant court proceedings which waste everyones time.

Absolutly ignore the yet more ignorant and frankly ludicrous posts by Melvin. DO NOT TRY AND ARRANGE CONTACT YOURSELF.
This man is highly aggressive and dangerous. You should not do anything that may put yourself or yoru children at risk.

@ ILoveTIFFANY et al :- What I'm saying is if bobbie3081 and her ex are both agreeable to the contact being as it was before her ex went to prison, then the court can issue an appropriate order with a minimum of fuss, essentially a "consent order", assuming the old order isn't still valid anyway! However, if bobbie wants no contact of any sort then she will have to convince a judge that that is "correct".

If contact as it was pre prison is agreed when he's released there is no need to return to court. I'd want a full psychiatric assessment before I'd agree to any more though.

@ MamazOn et al :- bobbie can't "get" her ex psychiatrically assessed. There are only two ways that can happen. Either her ex consents to be assessed or the court orders it.

firstly we aren't on twitter so fuck of with teh @ all the time.
secondly i am one person so no need for the "et al" no one is impressed. it doesn't make you look clever.

thridly, I said that she herself should go back to court. During those proceedings i would make an educated guess that his psychiatric stability will fall into question and an assessment will be ordered.

What you are advising is fine for the relativly amicable relationship breakdown of every day families. The situation the OP is describing is absolutly NOT the sort of situation where the couple should try and resolve the issue themselves.
Your posts are ignorant in the extreme.

So who's taking who to court then?

Op is concerned that her abusive x will be able to take her back to court once he is released from prison.

I have suggested that she goes to court in the meantime and get an order to prevent such a case being heard.

@ bobbie3081 et al :- I think the order which was in force before your ex went to prison will probably still be in force, ie for supervised contact, so your ex may well do nothing, for the time being.

@ MamazOn et al :- I don't think it will be possible to apply to a court for an order "banning" an ex from applying to the court. However, if the court itself wishes to "ban" anyone from applying to the court it can do so.

It is possible to get a court order which means that the ex is not allowed to bring the Op back to court for the same thing within a certain period.

And depending on how long the x is in prison. if it is some months then it will mean that the arrangments for supervised contact will need to be re organised.
If the order is to continue as agreed prior to his jail term.

Obviously OP doesn't want this to happen which is why i suggest getting this to court now.

@ Resolution :- I think you'll find I was on this thread before you. I used the word "ban" in its everyday sense. The court can ban applications to the court either temporarily or if it wishes effectively permanently.

OP, please be aware that melvinscomment is not a lawyer and it would therefore not be wise to place reliance on his advice.

@ emsyj :- Presumably it is wise to place reliance on your advice!

no. just wiser to ignore yours as you have been spouting utter shite all over MN for days now and I have yet to see a single person agree with so much as one post you have made. there are people who are lawyers and who have been through similar court cases. It is those that i would listen to. they are those advising that you get proper legal advice.

I'm not giving any advice on this thread because these issues are outside my areas of expertise.

I do think it is important for the OP to know that you are not qualified to give legal advice.

@ BeerTrucksPotter and @ MamazOn :- Some people employ lawyers some people do it themselves as litigants in person. At the end of the day it is for them to decide.