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What's the difference between harass and pester in a non-molestation order?

28 replies

NewPoll · 21/03/2022 00:56

It states: "the respondent is forbidden to intimidate, harass, pester or molest the Applicant".

Why put harass and pester when they mean the same thing?

Also, intimidate is pretty close too! I find it confusing.

OP posts:
NewPoll · 24/03/2022 16:38

@MrsBertBibby

I imagine the judge has refused to make a without notice occupation order, have you even had your return date, OP?
There's no return date as it was kind of dropped but yet incorporated within the NMO, in terms of: prohibited from entering my bedroom.
OP posts:
MrsBertBibby · 24/03/2022 16:53

There must have been a hearing on notice to him, at which he could attend. That is the return date. Has that happened?

NewPoll · 24/03/2022 18:29

Not sure what you mean, it's probably obvious but the terminology is all so silent to me!

This is how it went:
I contacted NCDV who referred me to a solicitor to ask for a non-molestation order and occupation order without notice.

It was refused, the judge said the ex had to have 2 weeks notice first, so I dropped it as I didn't want to chance him knowing. It felt too unsafe to still live here with him knowing. When my solicitor told the judge this he immediately granted the NMO but by this time the solicitor decided not to even try to Occupation order as it's so draconian.

Instead, a clause was added to the NMO stating he can't enter my safe space, which is the bedroom, and that was considered a live-in occupation order.

Since then I realise it's not an OO at all, and I feel let down my the solicitor on that score.
The application for OO was dropped when the NMO was granted.

But the solicitor told me not to mention heinous crimes because they err historical and he felt would make a judge consider me to be vindictive in the divorce.

I switched solicitors and my new solicitor told me to tell the police EVERYTHING. So I did. And now it's a massive case of heightened risk but of course we would need to re-apply for occupation order, which the police strongly advocate but the solicitors are less certain would be granted without notice, and want to protect me and the children while the court battle ensues.

So I'm not sure what happened with the first OO application. My new solicitor talks of it as being dismissed but we can resurrect it, which we are looking to do.

OP posts:
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