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

@ emsyj (solicitor or the like) et al :- I am not a lawyer but have had quite a lot of experience as a litigant in person.

they may well want to represent themselves. But they should seek sound legal advice from someone who is able to view the full details of the case, not just a heavily edited summary on a public forum.

And whilst the advice most people get from Mn is invaluable. it should onbly ever act as a starting point, a place to point you in the right direction. It should never be used instead of seeking proper professional opinion.

and you are posting with an air of authority that is quite clearly innacurate

"I was on this thread before you" - how old are you? 6?

what resolution said.

He who represents himself has a fool for a client - Abe Lincoln. and me.

I went through 4 years of a court case with my own violent ex. I am far from stupid. I was a social worker within a youth offending team. The workings of a court were not new to me, i had a better knowledge than most. But I can tell you now that there is no way i would advise anyone to represent themselves in court. ever.

has he asked for dc to visit him in prison? is this something your DC would wish to do?

agree with view to get yourself to a solicitor aandsee about applying to court for variation of current order - from supervised contact to zero contact - in view of the new circumstances.

did he tell police it was your fault or is this witnesses/people you know? woudl they be prepared to state this in signed paper?

the idea that you should arrange some supervised contact with your ex is bonkers -get some proper legal advice, call CAFCASS (who were presumably involved before and have the files) , speak to womens aid etc.

I wouldn't advice to take it back to court. No contact is taking place, so why interrupt the status quo? Would only encourage a response from him

bobbie3081 Bottom line is your ex will probably continue to drag you through the courts unless you and he come to some agreement. It is worth bearing in mind that no child contact conflicts means none of that type of work for solicitors. If you and your ex can reach an agreement, possibly via some sort of mediation, you can probably get a public access barrister to get it rubber stamped and issued by the court for you www.barcouncil.org.uk/about/find-a-barrister/public-access-directory/

Notasolicitor - that really isn't a good enough reason on it's own to agree to contact. I think OP would prefer to decide things like that on sound welfare principles rather than : he's a bully, so give in to him and hope he stops the bullying.
In all cases agreement is better than a fight, but your insinuation that OP is being advised by us solicitors to try and get more work is offensive.

Actually, I rather think an individual can be prevented from bringing repeated court cases. There is, or used to be something called being a 'vexatious litigant' which is a status a judge gives to a person who brings lots of court cases which s/he probably won't win, as a way to cause trouble and annoyance for other people. If someone is judged a vexatious litigant, no case s/he tries to bring will go to court.

see s91(14) of the children act. Get back to me if you still think I'm wrong.

You can be banned from commencing civil proceedings unless you get the prior consent of a District Judge to bring those proceedings - in civil such people are called vexatious litigants. Presumably there is an equivalent procedure in the family procedure rules, or perhaps that part of the CPR applies.

I think entering into any direct discussions with a violent offender regarding contact for children would be madness, frankly. Anyone who suggests it must be a loon.

For those recommending mediation, mediation is not usually recommended in domestic violence situations. I know this because I was turned down for it following dv and also because I now work for a mediation centre!

bobbie3081 I think your ex already has an order specifying supervised contact. I don't think the fact that he has spent a short time on remand will "cancel" the order. So I think that when he gets out the supervised contact will resume. I think your ex would have to file quite a few "hopeless" applications before becoming a "vexatious litigant". However, he may well do nothing. It will be best to worry about what he does when or if he does it, eg apply for unsupervised contact or such like.

Unfortunately the fuckwits in government wouldn't define this as domestic violence.

Still doesn't prevent applications. Just vets them first. In practice, courts rarely refuse permission when asked.