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legal aid, an non omolestation order. does this soun right?

6 replies

stitch · 06/01/2009 10:03

not the solicitor, so, not definite, but the woman i spoke to sai that if legal aid was paying then they owouldnt allow me take out the m olestation order until after the bail conditions were finshed. so if htey finish on monday, and i have an appoiktment for monday, the y could go to court on tuesday. but that meanwhile give s him 24 hours to be seriously stressful.
surely that can tbe right?

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Jampot · 06/01/2009 10:11

sorry can you explain a bit more?

stitch · 06/01/2009 10:22

she said that legal aid would not cover the order as it would be a repeat of the bail conditions, and they wouldnt dupilicate. but, once the bail conditions run out, then you have to apply for the non molestation order. which means there is a gap of at least 24 hours, when ther e is nothing stopping him coming over and harassing me.
that seems odd to me.

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solidgoldsoddingjanuaryagain · 06/01/2009 10:27

You don't have to let him into the house. Whether or not there is an actual order in place, a person who turns up at a house and causes a disturbance, and won't leave when asked to do so, can be removed by the police (who will already have his behaviour on record so will respond quickly).

stitch · 06/01/2009 10:36

solid, he will come home, and the kids will let him in with big smiles. after all, he whas just bought s1 a new phone.... and he will have a hang dog lost puppy look on his face. and i will be made to look the bad one for causieng all the ruckus in the first place.
it will bring back so much stress.

and he has got keys to the house wnayways.s o even if we stayed out all dday, he would still be able tot get in. as nothing stopping him. he woulnt actively cause a major ruckus for a while. but i would be the bad one to blame for all the extra aggro and expense caused. he will wheedle his way back in. and i will be back to where i was a fewmonths ago.

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iheartdusty · 06/01/2009 10:42

it is not quite right;

legal aid may not pay for it if you are 'protected' by bail conditions BUT that does not mean you can't apply before the bail period runs out. It is quite common for applications to be made just before the end of the bail period so that there is no gap.

but won't the bail conditions be renewed on Monday (or whenever it is)? Usually the bail will stay the same until trial.

stitch · 06/01/2009 10:57

hopefully, but if the decide they dont have enought evidence to prosecute, they will drop the case, i n which case he will be free to come home.
okie, so i go with the hope that they will renew it.

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