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HELP!!!! DESP NEED URGENT ADVICE RE EX-PART NON-MOLESTATION ORDER (SERVICE OF, WHICH RESPONDENT HAS TRIED TO STALL)

11 replies

AmGrowingAnAwesomeTree · 05/09/2013 14:54

Firstly, thank you for reading (& please don't read and run as need advice DESP URGENTLY). Secondly, I really am utterly desperate here. Thirdly, I have Post Traumatic Stress Disorder (horribly ironically stemming from this man and his behaviour towards minors) which is massively triggered by all of this; ergo I need to try and very quickly wrap it up and just get it served on the Respondent.

Last Thursday, a County Court Judge put in place an Ex Parte Non-Molestation Order for my immediate protection. It is a 4 point, incredibly comprehensive vis my protection, Order. Obviously (as it WAS urgent enough to be done as Ex-Parte), the Respondent does have the legal right of 'response' through a subsequent hearing. That hearing is next Tuesday.

Due to the exhaustion and sheer horrors of Mon to Weds last week (the events upon which the Order was issued), and then the insane activitiy required to get 3rd party Witness Statements; older Court Orders of relevance etc; write my own statmement (ALL of which in the context of PTSD just beyond exhausting) for the Hearing on last Thursday AND then another return to Court the next day as by the time the Judge had finished, their systems had shut down so they were unable to issue the Notice of Direction with Hearing date on; it is fair to say I am now pretty walloped.

I have been trying and trying to get the Respondent to confirm where he will be and when etc, to avoid serving it upon him at work (is a FTSE 100 Director, & so was every chance he may not even be at his office) and he has prevaricated hugely. Hugely and very deliberately. He has now though finally confirmed where he will be on Saturday between 8am and 1pm.

Clearly I cannot serve the papers myself as just too risky, but am struggling to find a local process server and am also now just shattered beyond words but do HAVE to get it served by Saturday somehow (Respondent lives in Bucks if that helps?) Can anyone 'LEGAL' please please advise me of the route where it is not a Process Server but another member of the public who serves the order? And what/how would need to go about ensuring their confirmation of Service is adequate/acceptable to the Court? NB a frind of mine near me is a very senior lawyer - could an affadiavit of service be done in front of her and her sign (what form???) to confirm. Or does it need to be a Notary?

Am stressed beyond words here right now, if you can help then please please do. TYIA.

OP posts:
Collaborate · 05/09/2013 15:34

You're right that you can't serve it yourself. I'm staggered you can't find a process server to do it for you though. Pm me your general postcode and I'll find you someone.

misreadings · 05/09/2013 15:59

I was told by the DJ at my ex-parte hearing that if I couldn't locate the Respondent then it would be considered sufficient to serve him by email, which I did.

AmGrowingAnAwesomeTree · 05/09/2013 16:37

TY both x

And BUMP too.

OP posts:
fuckwittery · 05/09/2013 20:52

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fuckwittery · 05/09/2013 20:54

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AmGrowingAnAwesomeTree · 06/09/2013 02:03

Big TY FuckWittery but said Respondent has - since became aware of the 4 orders against him via e-mail via 3rd party 'Protective Intermediary' thus confirmed as recieved - NOT transferred 'usual' monthly funds, ergo I am right now royally screwed in the £££ department (to point of deep concern and stress TBH) but also means I cannot REMOTELY afford the one quote I got which, whilst from a firm in his town, was over £600 as said they "...'only did a minimum of 6 hour 'jobs'.."

I - very literally - do NOT have £600 (or even anything approaching that right now) given said Ex still retains total financial control over me macro; and mirco has 'exercised' that vis his displeasure at Order being made against him by transferring a fraction of the normal 'basic' amount (nope, whilst divorced and all child matters settled, have not yet been able to have final financial hearing).

It is all, in summary, a total fucking nightmare TBHSadAngrySad

Collaberate has very kindly sent me some local links so I will try and call them in the morning (on top of all else am now trying get done against clock and whilst exhausted beyond any words due to his - delightful - 'gift' of PTSD c/o his abuse of DD's and my then seeing them through all trauma.

OP posts:
fuckwittery · 06/09/2013 04:26

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AmGrowingAnAwesomeTree · 06/09/2013 09:37

He hasn't received the witness statements and all of that paperwork yet, but yes, he has received, and confirmed he has received via the 3rd Party Intermediary the mail that was sent to him immediately stating order had been made and word for word details of each of the 4 points within Order. He also aware of, again via e-mail and again confirmed as received, the date of that hearing. So it is simply the (not huge TBH but obviusly he has a legal right to see it, have copies of it etc) 3 witness statments and my statement and a hospital document (he attemtped to breach my Medical Privilege as well as all else, demanding it and info from 3rd parties).

Is just utterly horrendous by now. He has used the need for Service as well as something else to actually harrass/trigger PTSD even MORE since got bloody order than did before. I am genuinely just on the floor.

I have though worked out what Im going to do about getting documents to him, and with proof of that for court. I have to now, ie find a plan of some kind and then act on it to get it 'closed' IYKWIM and ASAP as is doing my head in right now.AngryAngryAngry.

OP posts:
fuckwittery · 06/09/2013 10:12

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simonpinkney · 27/06/2017 11:09

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Aridane · 27/06/2017 11:11

Zombie alert...

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