Non molestation Order appeal

[Kazanova]

Hi all, I recently took out a non molostation order on DH. He is appealing to it. However he has not been to court yet to plead for his actions. The CPS have charged him. Does anyone know if judge will grant his appeal being hes not been court.

I would ring the www.ncdv.co.uk or Women's Aid. They will be able to advise you.

Do I understand this correctly?

The CPS have charged him with something - presumably domestic abuse related - and he's not been to court yet.

You have taken a non-mol order, and he's appealing that?

Yes thats correct.

There will be a hearing of the appeal, and the judge will make a decision about the order at that. S/he will look at the evidence you have presented and that of your H. There will be a hearing and you may be asked to attend. The fact that the criminal trial/first hearing has not yet occurred should not mean that the order is not made, because the Judge can consider all the other evidence.

However, the criminal case will continue separately. In addition to the non-molestation order he (H) should also be subject to bail conditions, and these will continue irrespective of what happens with the non-molestation order. The CPS can also apply for a restraining order against him at the conclusion of the case, either applying for similar conditions to bail or other conditions, as may appear relevant. You should ask your DV officer about this.

I spent a whole day in court with ex who appealed.

So does that mean the judge could remove the non molostation order. I worried that happens as we are scared of him

The court have asked him to go not me. They just sent me copies. There was no letter saying can I attend. Does that mean they will hear his views. I am so worried at moment for me and kids.

I have asked for someone to call me back at DV. Just waiting. Dont know what is worst being with him or going through all this. Never knew it would be so tough

Are you sure it's an appeal? Was the order granted ex-parte? If so there's normally a return hearing so full facts can be heard, but it doesn't mean it will be overturned at all if your circumstances are no different and it's not the same as an appeal I don't think. At least that's what happened with mine. I've no legal background though
Have you posted in Legal Matters? Might be worth a go.

Agree with Adorable it's the procedure. If the hearing is 'ex-parte' then it's for the benefit of one person, ie. you. A decision is made on the basis of your evidence - clearly it was persuasive because you were issued with a NM.

However, the other person has a right to be heard, and so a follow up hearing is arranged so that they can put forward their version of events. It would be unlawful for him not to be heard so think of it as 'standard procedure'.

Wherever possible, they try to get the 'other person' to attend at the first hearing but clearly this didn't happen in your case.

You've already persuaded a judge with your evidence. It's one hell of a job to get them to overturn their decisions. If you haven't been called then it suggests that your evidence is very compelling but he has the right to have his say nonetheless.

You are right, this is an incredibly stressful and terrifying time. I hope you find some peace soon.

All it says on the form is that hes applied for Application to vary extend or discharge an order. They defo have not asked me to attend, i think they just wanted to show me hes asking for it to be dropped. I appreciate all your comments it is helping. I did call DV but they have not returned my call yet.

It was ex parte. The judge signed it there and then. It was not an emergency but full non molo. They did not require him to attend

Im trying to deal with each thing when it comes in. You just think things are quietening down and back to happy and then it all kicks off again. Im normally quite a calm person and deal with life with a positive attitude. But cant be like that every day. Only wish life could be normal again.