Non-Harassment Order

[antisupermum]

I am in Scotland and have recently been advised by Womens Aid to look into a Non Harassment Order, with power of arrest, against my ExH.

I have been divorced form him for 8 years but throughout the years there has been various incidents to cause me concern. Previous major one was 2017 which resulted in my sending him a solicitor letter clearly stipulating rules for him seeing the children. He signed this letter, agreeing to it. Shortly thereafter he voided the terms of this letter. Around 9 months ago he came back on the scene and contact began slowly with the kids. Days before Xmas it all hit the fan again with the children refusing to go back to his house and the abuse he sent me via phone was extreme enough that I feared for my safety and led me to visit Womens Aid this week. I have a meeting with the DV department of the police next week and a solicitors appointment booked re NHO.

Point of the post: has anyone gone through this NHO process and can advise me on the general jist of it? My solicitor is very good but I am not entitled to any Legal Aid so I'm unsure if this is a process I can afford to follow through with. In 2017 the consultation and a 2 page letter cost me £280, which as anyone knows who is raising children alone with no financial help, is a lot of money. Any info would be appreciated so I can be a little clued up on the process.

sorry no advice

but why would u need to pay to have a non-harrassment order? cant u just inform police each time he harasses u?

@crazycatlady20 From my [limited] understanding, the Non Harassment Order is the Scottish version of a Non Molestation Order, which works a little like a Restraining Order. I know that you do not need a solicitor for the NMO, however Womens Aid and the police both advised me to contact my solicitor in regards to the non harassment order, so I assume it needs someone legal to file the paperwork. And as I'm not eligible for legal aid, this wont be free.

I have an appointment with the police next week to discuss the messages he has sent, and if there is anything criminal in the messages she can press charges on him, although I doubt there is as he is a smart man and does not text threats, its all suggestion such as " I hope someone gets you". But that is different and separate to the NHO, which would effectively bar him legally from being near me or contacting me in future -which is my main concern.

What exactly do you need to know?

The process very much depends on your circumstances. For example, you typically don't need to go to court but, in some circumstances you may need to go to court to give evidence.

The solicitor takes it to court and, because it's a civil action, doesn't have to prove 'beyond a reasonable doubt', the sheriff has to decide if more likely than not that they are harassing you.

Some solicitors have a sliding scale of fees and you may be able to pay in installments, rather than all at once. You could also contact Lawworks Scotland to see about pro bono help available to you. Other resources are Rights of Women or your local CABx. You could also contact the Legal Services Agency for advice or signposting.