Can I get a non-mol with no evidence?

[Alpharomeoo]

Wondering if I need evidence to apply for a non-molestation order against my ex? If so, what do I need?
Thanks.

You will need to make a detailed statement to support your application. That is evidence. If you have anything to back up your statement (photos, text messages, email, social media, information from third parties such as a supporting letter from a DV worker or your GP) it should be included. If you've contacted the police or any other third parties for assistance this should be included in your statement.

You can try and get one but if you have no evidence then it'll get challenged and you'll lose at final hearing. Presumably you are self representing because no solicitor would advise you do this?

How come a solicitor would not advise this @Unknown83?

How do you expect a judge to weight up whether or not to grant the non-mol if you don’t resent evidence?

*weigh

Will they accept recordings as evidence?

@Alpharomeoo

How come a solicitor would not advise this *@Unknown83*?

Because you would basically be asking them to put a case before a judge without any evidence. This would break all kinds of ethics, not least charging you money for something they know will fail.

@Alpharomeoo

Will they accept recordings as evidence?

Secret recordings are not admissible as evidence. Might be worth sharing with a solicitor though.

As @prh47bridge your statement will be your evidence, supported by other materials where possible.

@Unknown83 They might be admissible. It is at the discretion of the court, as with all evidence.

[quote Collaborate]@Unknown83 They might be admissible. It is at the discretion of the court, as with all evidence.[/quote]
That is true hence why I said speak to a solicitor. The trouble with secretly recorded evidence though is that it's easy to manipulate by the recorder. E.g. someone could deliberately provoke someone, scream at them and maybe even threaten to kill them, and then hit record. Or alternatively, just cut that bit from the recording in editing. So it's usefulness is limited, but a solicitor will know better.

Emails, text messages and witness statements are much, much more useful. It's perfectly reasonable to try and provoke a response out of a thug by taking a slightly unreasonable negotiating position in an email for example, and waiting for the response. Also, has he ever done school drop offs and pickups and has anyone noticed anything there?

Secret recordings are not admissible as evidence.

I only wanted to challenge this, which seemed fairly black and white. I agree that recordings are generally frowned upon by the courts. I understand why clients want them, and as a family law solicitior I am frequently perplxed by some of the recordings the court does not allow.

I had recordings of my ex and submitted as evidence, these were accepted. Just saying its not always black and white to say they are not admissible.

P

Your own testimony is evidence. Your own account of what happened, written down in a witness statement. That is evidence.

PPs who are suggesting you would have 'no evidence' if you only had your words to go on, are wrong.

If the respondent disputes what you say, and it goes to a contested hearing, the judge would have to decide who to believe. This happens every day in courts.

@fernsandlilies

Your own testimony is evidence. Your own account of what happened, written down in a witness statement. That is evidence.

PPs who are suggesting you would have 'no evidence' if you only had your words to go on, are wrong.

If the respondent disputes what you say, and it goes to a contested hearing, the judge would have to decide who to believe. This happens every day in courts.

True but if it is down to he said she said a judge is very unlikely to determine any kind of abuse is going on. Remember these are people who have to be wary of false accusations so if you have no evidence other than your own testimony you're not going to get very far.

No evidence. Sounds like family court to me.

I find it hard to believe that there is "no evidence" I had bucket loads of exonerating evidence and it's supposed to be harder to prove a negative. If it's severe enough to warrant a non-mol there should be messages etc.

If this is for legal aid I would find a naive GP at your local practice and ask him to fill in the LASPO form:

www.gov.uk/government/publications/get-medical-proof-of-domestic-violence