Non mol/occupation order help, not sure I've gone about this the right way.

[barbedwired]

I filed as LIP, to save costs, though my lawyer is still engaged though ex and I have been negotiating a deal on the joint property between ourselves by email with the lawyers knowledge.
Ex not been in property since assault august 2021 which he was prosecuted for and found not guilty; I was credible, so was he, he had no prior. Police officer remarked after trial that he had been informally told to keep contact about house via email and told me to apply for non mol as exs bail conditions no longer stood ( he'd harassed me by turning up at place of work before he was on bail)

I've filed, got a CVP hearing for 8th and am having difficulty with the e bundles and general instructions from the court. I'm trying to do this myself as exs financial abuse has left me in a precarious position.

I also feel stupid as I forgot there's an undertaking from ex lodged with the lawyer that he won't come to the house without written request.

Should I withdraw this application or carry on, I feel like I've made a complete mess of it

TIA

It's really up to you. A promise by a solicitor is helpful, though if he turns up it's not an offence unless you have an order from the court. Depends on what you think the risk is.
Your lawyer can answer this question better.

I’m sorry I can’t answer your question legally but it sounds like it is worth pursuing the non-mol through civil court. At least then he can be arrested if attempting to come to the house.

Am about to go through same process myself as cannot get Legal Aid due to being a home owner (even though I can’t get hands on any money which could really do with right now due to financial abuse too).

A promise through the solicitor just doesn’t seem strong enough to keep you safe from a man that you have said financially and physically abused and assaulted you. Keep going. You can do this!

the NCDV should be able to help with some of the legal questions you have. Good luck

@Salt14 the hearing was today, it got dismissed. His solicitor was there and distracted the judge over money issues, gave blatant false information about my sons schooling which if checked can be proved. My jaw almost hit the floor!
I have to use my solicitor with this one, he got off the assault charge by perjuring himself. The assault and his lying is the reason I've left him.
Can you go to womens aid or another organisation, they have info on solicitors who give there time for free in abuse circumstances.
I wish you luck x

On what grounds was the application dismissed? Was it because there hasn’t been a recent incident of your ex doing something that you want the court to prevent him from doing?

@barbedwired I am so, so sorry to hear that your case was dismissed. How unreasonable can one judge be? He attacked you! I'm sorry but I am so angry on your behalf.

Sorry I'm late too in reply, rarely log on.

Thank you for your kind wishes despite what an awful outcome you have received.

I'm not quite sure what perjuring himself means, so as far as the court case against him for DV goes i don't quite understand the ins and outs.

But despite a not guilty outcome there will still be a record of arrest and original charge won't there?

I keep being given differing information by different people so forgive me if this is wrong, but apparently anyone can get legal aid, regardless of income, to apply for a non-molestation order in regards to an incident of DV.

I have found on www.gov.uk/government/collections/sample-letters-to-get-evidence-of-domestic-violence under the 'Crime,justice and law' tab, then 'Legal Aid' tab.

You can use these letters, which have accompanying instructions/info, to get evidence from various agencies of domestic violence to support an application for Legal Aid on the grounds of DV.

I was intending to use the returned information as part of my case for an order, but am going to look into the legal aid again now I've been told.

Can you reapply? Perhaps gaining these letters may help support your application?

I don't understand how finance matters or schooling can influence a judge's decision on granting a non-molestation order, but then as I'm going through the process I'm finding many things that don't make any sense!

Like in my case, my perpetrator has over 9 breaches of non-molestation, restraining and DVPO orders. Yet he has not faced consequences, other than arrest, for any of them! So I'm wondering what the frigging point of going through this hassle is tbh!

Good luck and lots of love xxx