Family court - brother siding with ex

[BetterDays2223]

Hello,

Very long story short - last Christmas my ex partner assaulted me.

A few years prior to the assault, I had realised I was in a domestically abusive relationship (18 years) and was already planning my get out.

Ex was arrested and cautioned for the assault against me.
I then took a non molestation order against him - which he has breached numerous times.

At the first two court dates, ex contested the non mol - we now have a full trial date set at the end of August to decide whether abuse can be proven and the non mol can continue.

My brother is as much of a narcissist as my ex - they have now teamed up!
My brother does not believe any of the abuse actually happened.
Brother says he will be attending the final trial date, in support of my ex.

Can my brother actually do this? Will the court permit him?

Thanks

I know a few people going through family court at the mo and it's all still online. They've been told they need to be alone during the hearing but I guess there's nothing to stop anyone having someone in the background but it might be easier than physically seeing your brother. I'm sorry he's not being more supportive though

You say this is in the family court, is this about your children?

I doubt your brother would be able to be there for that.

What the hell has any of this got to do with your brother?

I honestly don’t think he will be permitted in.
It’s just he is SO confident that he is going that it’s made me question the possibility.

I’ve taken my dad for support at our prior hearings - he was allowed in the waiting area only, not the actual courtroom.

My brother is irked as I didn’t directly disclose any of what was happening.
After the assault, ex decided to contact all my family members with his version of events, everyone told him to never bother them again..all except brother who believed every word!

It’s upsetting but birds of a feather flock together I guess.

Genuine question OP... are there kids in your relationship and has your brother been restricted from seeing his kids from a failed relationship? Doesn't make anything ok, just trying to understand x

Have you got a lawyer? If not, get a lawyer (and you should be entitled to legal aid if you have a non molestation order.

I can't possibly see how your Ex could "win". He accepted a police caution which means he admitted the offence against him. He can't now decide that he isn't guilty of that offence in this court (mainly because the balance of probabilities is higher in criminal proceedings than civil) If you don't have a lawyer make sure you make a very firm point of this in Court.

If your brother attempts to be a Mackenzie friend for your Ex, object to this. He will need to give you notice of his intention prior to the hearing (which he probably won't) so this can be a good starting point for your objections.

@Crazycatlady83 Thanks for your reply.

Great points.

I do have a solicitor, she’s out of office and thought I’d ask here if anyone knew the answer.

All is well - I honestly believe light prevails over dark.

If the Court holds a finding of fact hearing (around the DV) potentially your ex could seek to call your brother as a witness. Speak to your solicitor they may know the finer details (for example will you be able to object etc). I guess it would be more of a character witness and I'm not sure if the Court would consider that necessary.

I spoke to my solicitor. She says absolutely not - brother has not given a statement and will not be allowed in the courtroom.

He could still come and wait in the waiting room - it would be an 85mile drive for him and the rest of the family would never speak to him again. We will see.

@bbqhulahoop
Family court is not all on line now. DD is a family barrister and is attending court regularly.