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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Non Molestation Order - can I obtain an extension?

38 replies

trinity1 · 15/08/2011 23:34

Dear all,

I am going through a hard time at the moment and need some advice. I was in a long-term relationship with the father of our 2 children, who are now 5 and 4. He was a heavy drinker and was later diagnosed with Bi Polar disorder. He came to both our daughter's 20 week scans drunk out of his head and was repeatedly violent to me, both before, during & after both pregnancies. The drinking continued and he lost 2 jobs due to being drunk at work. There had been numerous occasions where I had to call the police due to the violence and he would leave the house and not come back for days. Our eldest actually saw him punch me.

Eventually I summoned the courage to get him out (I know I should have done it earlier, but if you've ever been in an abusive relationship, you know how hard it is once your self-esteem has been slowly destroyed). In March this year, he was admitted to hospital due to the drinking and bipolar. Whilst there, I obtained a non-molestation order, banning him from entering the house and ordering him to stay 100 metres away, which he has respected. The order runs out in 8 weeks and I'm terrified that if I cannot obtain an extension, he will be allowed to move back in. He has applied to the Council to be rehoused, and is a band A priority need, but I am worried the Order will run out before this happens as it seems to be taking ages to house him. Any advice will be so welcome. Thank you. x

OP posts:
neuroticmumof3 · 07/09/2011 19:32

If he's breached it you shouldn't have a problem getting it extended, he's proven you need it. Did he come to your home?

NotSuchASmugMarriedNow · 07/09/2011 19:38

Yes, the fact that he was arrested proves that the order WAS valid otherwise the police would have been unable to arrest him, so ignore what his parents said.

It does sound like he is planning to pester you the minute the ban is finished though Sad so you are right to worry about it sooner rather than later.

I'd bet my last £1 the order will be extended if you apply, and the fact that he has breached it once goes in your favour even more.

pickgo · 07/09/2011 20:08

Not such a smug Not sure OP should reveal her whereabouts given she's got an actively violent X in police custody at the mo! Shock

trinity1 · 07/09/2011 20:13

I don't. I live in Sussex

OP posts:
trinity1 · 07/09/2011 20:17

I'm just thoroughly ticked off as I just can't seem to shake him off. He's about to be released (has been charged though with breaching the order)

OP posts:
trinity1 · 15/09/2011 11:12

No I don't live in Worcestershire. I received a call from my solicitor this morning stating that I have been granted legal aid, but have to make a contribution payment as they think I can afford to pay a small amount. I can't. I work part time with 2 children 5 and 4 years old. If I were on benefits I'd get it for nothing. If I can't afford to pay the order will be dropped and he could potentially move back in. This isn't ending and I'm so scared. Any advice please as I'm now terrified. This is a domestic violence issue. Why am I having to fight so hard?

OP posts:
trinity1 · 15/09/2011 11:13

The amount they're asking for is £100 per month for as long as the order is running. Any single mother of 2 children will tell you how hard it is to find that kind of cash. The solicitor will not issue the certificate until the first payment is made.

OP posts:
LadyGrace · 15/09/2011 21:14

This reply has been deleted

Message withdrawn at poster's request.

trinity1 · 15/09/2011 21:38

Apparently I've been granted Legal Aid but they believe I have disposable income (believe me, I don't). Therefore they are asking me to make a contribution each month of £96 towards representation. I am no legal expert. I tried to get through to the Legal Services Commission today but their systems were down. They close their phone lines at midday to be able to deal with paperwork and cases. So frustrated and worried that he'll have the right to move back in if I don't pay the contribution. How does this happen? I get smacked about then I have to pay to keep him away whilst he's fine and dandy. This country is messed up.

OP posts:
trinity1 · 15/09/2011 22:00

Will go and see the local CAB tomorrow. Hope this can be sorted. Is keeping me awake at night worrying about it all.

OP posts:
izzywhizzyletsgetbusy · 16/09/2011 00:49

The Legal Aid Commission is, IMO, not fit for purpose. Nevertheless, you should appeal their decision to require you to contribute but I have no confidence that you will receive a satisfactory outcome within the timeframe you have cited.

Are you in a position to pay £95 per month until such time as they have reviewed their decision? Even if you are, I'd be reluctant to advise you to take such a step as it may be seen as you having the ability to pay.

In the first instance, contact the Court that issued the Order, cite the fact that it has been breached, and ask for it be extended on the grounds that you have every reason to believe that you/your dc continue to be in danger - this is something you can do yourself without need for legal representation but you will need to pay the relevant Court fee to lodge your application.

County Court staff cannot give advice but they are extremely knowledgeable and will usually help with filling out the necessary forms and tell you what you need to submit in support of your application.

There is a legal advice centre for parts of Sussex here www.iwestsussex.co.uk/profile/280027/Littlehampton/Surrey-and-Sussex-Legal-Advice-Centre/ If you fall within the area covered it may be worth giving them a call as they should be more on the ball than the average CAB who rarely have qualified solicitors dispensing advice on a daily basis.

As this is a domestic violence issue Iwould also suggest that you contact Women's Aid - the 24 hour helpline number is 0808 2000 247 as they may be able to advise and support you if you make your own application to extend the order.

Please don't worry unduly - help is out there and it's just a question of finding the right help for you.

neuroticmumof3 · 16/09/2011 16:07

You could also try NCDV. They work with people who don't qualify for legal aid but can't afford to pay for representation.

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