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Non molestation order??

16 replies

Tumblelord · 26/10/2020 16:48

My DS's ex girlfriend has applied for a non molestation order and I'm worried. What does this mean?

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TeaStory · 26/10/2020 16:53

www.ncdv.org.uk/non-molestation-order/

kimlo · 26/10/2020 16:54

It's a court order granted by a judge basically to tell him to leave her alone.

why has she put applied for one? Is he going to go to the hearing?

When I tried for one I was told that I would go in front of a judge then he would be served and we would go in front of the judge at the same time and he would be able to defend it, or he wouldn't show up.

Tumblelord · 26/10/2020 17:14

Thank you. I don't know what he has done this time. It's a telephone hearing and he is going to deny everything. Will she get one if he denies everything?

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kimlo · 26/10/2020 17:19

she will have written a statement and provided proof, screen shots, dates, witnesses, times shes rang the police that type of thing. It will depend of what he's done really.

Clutterbugsmum · 26/10/2020 17:27

@Tumblelord

Thank you. I don't know what he has done this time. It's a telephone hearing and he is going to deny everything. Will she get one if he denies everything?
The fact you state you done know what he's done THIS time then he has a history of doing something, then yes hopefully his Ex girlfriend can get one to keep him away from her.
Tumblelord · 26/10/2020 17:31

I hope she gets it granted. He says she didn't provide proof so he can deny it all. He says it is not my business but comes to me when he wants sympathy, validation or money for legal fees

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kimlo · 26/10/2020 17:38

Don't give him sympathy, validation or money. It doesn't sound like she doesn't have grounds, just that he thinks he'll get away with it. He probably wont.

I didn't go for a non-mol in the end, he was arrested more than once and I was protected by bail conditions. If she has gone for one she has either been advised to by the police or taken advice on how to get him to stop what ever it is he is doing.

Tumblelord · 26/10/2020 17:48

I have had my eyes opened to what he is like and I don't want to be involved with it. He has previously been told off for stalking but it didn't go any further than a telling off. He is very confident that it will be denied on lack of evidence. It is her word against his.

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prh47bridge · 26/10/2020 20:42

This will be a civil case so it will be decided on the balance of probabilities. His ex needs to convince the judge that, on the balance of probabilities, the harm took place. Obviously we don't know what the evidence is in this case but if he thinks she has to prove her allegations beyond reasonable doubt he is going to get a shock.

Tumblelord · 26/10/2020 20:49

Can evidence be put in now? He said it was a statement with no evidence and that is what he can get out of it.

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LauraMipsum · 26/10/2020 20:54

When you say he's been "told off" for stalking, was that by a police officer? If there is a record of a formal warning for stalking then that is evidence that can be put in. Evidence may well come in late in the day if she is representing herself and there won't be terribly much he can do about it (he can hardly say he wasn't aware he had the warning and was therefore prejudiced by not being on notice she was going to raise it).

He may get a nasty surprise if he thinks that a flat denial will mean it isn't granted. This must be a horrible position for you to be in.

Tumblelord · 27/10/2020 05:48

He had an informal warning from the Police.

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BingeOnChocolate · 27/10/2020 07:09

Sorry but your son isn't being painted out favourable here and in all honesty, I hope his ex does have it granted. Clearly he thinks he rules the roost, can get away with stalking/intimidation/harassing or otherwise towards females.

If you know he acts in this manner towards woman and know his ex has been put through the mill, even an inkling, I would stand up with her. Yes he's your son but where does the line become drawn? It doesn't sound as if he respects you by coming looking for mummy's money to pay his legal fees when a girls been left terrified enough to go court to have it stopped.

Collaborate · 27/10/2020 09:25

I am a family solicitor. I act for people applying for injunctions and those defending them.

Last week I successfully defended a client on an application. There were literally no grounds disclosed in the application to justify the making of an injunction order. The applicant had applied for an injunction in order to get legal aid. It's not all black and white OP.

Collaborate · 27/10/2020 09:25

@Collaborate

I am a family solicitor. I act for people applying for injunctions and those defending them.

Last week I successfully defended a client on an application. There were literally no grounds disclosed in the application to justify the making of an injunction order. The applicant had applied for an injunction in order to get legal aid. It's not all black and white OP.

I've not read beyond the first post BTW.
Tumblelord · 27/10/2020 15:41

Thank you. I believe there is a statement but no supporting evidence at this time. He is likely to have done something to warrant the application being made but intends to argue it

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