Non molestation orders - what are my options?

[JoJo44]

I have ano ex partner who following a period of no contact no, eventually sought a contact order (control freak/aggressive two of the many reasons why we parted). It's in place but isn't always adhered to by him. The order stipulates communication takes place between us which he has begun to totally disregard by going through our almost teenage daughter which is very upsetting and something he has been repeatedly told not to do.

This all culminated in my ex instead of texting/emailing or calling me re contact, will randomly call the police to check in with our daughter. Following another issue re contact/communicating with me, he recently cane to my home and aggressively pumelled the front door following a 2 week absence by him, demanding to see our daughter whilst also threatening me that he would return. There is no reason why he refuses to make life easier and simply communicate via me and follow the order l, he simply wants things on his own terms.

I am aware that I can ask the court to review the current contact order and make it tighter to reduce the likelihood of breaches however I am now keen to retrieve a non molestation order to prevent attendance to my home.

My questions are: Can this be tied into the original contact order with the same legal consequences E g possible arest? Or do I need a revised contact order AND a non molestation order seperately?

I'm happy to communicate via text/email and phone I simply want him nowhere near me. I also have an older daughter with clinical depression. His behaviour is impacting us all and can't go on.

I'm at my wits end as we broke up years ago and you would think things would get easier. Any advice would be helpful please

Did you call the police?

You need to have evidence that you've tried to prevent all methods of this I'm currently going through this and I've had to show I've tried everything I possibly can to stop him contacting me before I've taken it to court.

I.e;

I've got proof he and his family and friends been blocked on all social media, all phone numbers ect,
Everything has been reported to the police no matter how minor
I've moved numerous times to prevent him contacting me
He's had written letters from a solicitor telling him to stop
Emails from me saying he's not to contact me again otherwise it will be seen as harassment

You can't just pitch up to the court without trying to make him stop yourself. As you want him to contact you, a non-molestation order wouldn't work anyway.

He can request a Welfare check on your daughter whenever he likes I'm afraid.

Your best bet is you or getting your solicitor to draw up a letter telling him to contact you direct per the court order whether that be via phone, text or email. If he has any concerns over your DD's welfare than he needs to ask you and to stop calling the police if he doesn't want to address it with yourself and to remind him that he is not allowed to come to your home unless it's for court ordered contact or it's been agreed prior by you then tell him if he does you'll report it to the police as harassment.

If he carries on you'll have to get your current order amended but as far as I'm aware no order carries the power of arrest anymore you have to go back to the court for an enforcement order

Hi

Thanks for offering some advice.

I was actually successful at retrieving one on a conditional basis.

He now has an option to challenge it. I'm hopeful it will remain in place.

It was alot less stressful than I envisaged.

As in ex-parte?

May I asked how I've got history and evidence going back till 2011 and I've got to go to a contested hearing

Yes thats correct, I believe thats the term for it.

I had to wait most of the day in court, complete a witness statement outlining the chronology of events, including the most recent one. I highlighted my concerns/history of his behaviour and the fact that a non mol order was previously awarded to me approx 3 years ago via police/victim support I believe.

I asked to wait for the decision and eventually I was given a private hearing with the judge. Although there was limited information in parts of my statement, he granted it but stated that he will allow my ex partner the opportunity to challenge it a few weeks from now.

I called a domestic abuse line (largely because they proved to be the most helpful people and dont charge for "legal" advice). They stated that its becoming more common now for judges to award molestation orders with a view to allowing the respondent an opportunity to contest it if they so wish.

Fingers crossed I can persuade the judge to let it remain in place following the hearing.

They stated that its becoming more common now for judges to award molestation orders with a view to allowing the respondent an opportunity to contest it if they so wish.

Although Non-Mols orders can be made ex-parte the judge is obliged to list a return date where the respondant can challenge the need for one.

Breaking a non-mol is a criminal offence so the correct procedures need to followed to ensure spurious or vexations applications are not made.