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Non molestation order

6 replies

Jean2003 · 17/03/2024 11:00

Hey, an application for a emergency non mol order has been made and we hopefully find out Monday. What is the difference between with and without notice. I'm getting very confused. Will my ex have to attend if without notice is granted? I'm just so nervous about that, my anxiety is getting so bad I'm having panic attacks daily.

Also because he has been charged in court previously for domestic abuse and has previously had a non mol order, will the judge take this into consideration? Thank you x

OP posts:
Whiskeypowers · 17/03/2024 13:23

My application for a non mol against my ex was ex parte and the judge granted it in a very short hearing without him present. It was then served on him on him in person and he had the chance to contest the order.
not sure about previous orders as that was his first but I expect your application has made reference to previous orders and other factors?

prh47bridge · 17/03/2024 13:36

Without notice means he isn't told about the hearing and therefore cannot attend or defend the case. If the order is granted in a without notice hearing, he can apply to have it set aside or varied.

Jean2003 · 17/03/2024 15:03

Whiskeypowers · 17/03/2024 13:23

My application for a non mol against my ex was ex parte and the judge granted it in a very short hearing without him present. It was then served on him on him in person and he had the chance to contest the order.
not sure about previous orders as that was his first but I expect your application has made reference to previous orders and other factors?

Did your ex contest it and did you both have to go to court?

OP posts:
RonaldMcDonald · 17/03/2024 15:14

Usually without notice or ex parte NMOs are granted for around a month and then a full non molestation order is applied for. At that point the other party can and usually does attend and will provide their defence to the order.
From tomorrow you will likely have an order in place.
Please contact the police of the order is breaches at all.

Jean2003 · 18/03/2024 18:34

Whiskeypowers · 17/03/2024 13:23

My application for a non mol against my ex was ex parte and the judge granted it in a very short hearing without him present. It was then served on him on him in person and he had the chance to contest the order.
not sure about previous orders as that was his first but I expect your application has made reference to previous orders and other factors?

Yeah soni have a short hearing tomorrow, said it will only last 10 minutes. Did you both have to attend court at the next hearing or was it just your ex? Thank you

OP posts:
Mumof3confused · 18/03/2024 23:25

You will both have to go to the next one (if there is a next one) to put your views across. You get shielded in the court room and separate waiting areas outside.

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