non molestation order/ undertaking

[GLOLAKIE]

I have taken a non molestation order against my husband. He is appealing that & has requested to take cross undertakings. All this happened since he has alcoholic problems & hit my 13 year old child. What is the best way forward?

An undertaking often doesn't have as much power as a non mol, so I would be wary of this. An undertaking basically means you both agree not to abuse each other, which implies both sides potentially at fault. Judges often like to issue them when there are cross allegations and child contact hearings. If a undertaking is breached it will often just come back into the civil court rather than police arresting and treating as a crime. It can depend on the wording though. Do you have a solicitor? They could help you with this

I do not have a solicitor. Was a litigant in person, therefore had to defend myself on the contrary he had a solicitor & a barrister.

If there are allegations of violence, then the Judge will not accept undertakings. Has your husband got legal aid? It's rare to get it as a respondent, but to to get legal aid you have to prove to the legal aid agency you have offered an undertaking.
It's impossible to advise you as we do not know your case. However undertakings are legal promises and if he broke the promise, you would have to bring it back to the civil family court. Breach of a non molestation order however is a criminal offence, so when a breach is reported to the police, the respondent can be arrested for it.
Everyone is entitled to legal aid for a non molestation order, however you may be required by the legal aid agency to pay a contribution. The merits assessment for legal aid for non molestation orders is different to that of divorce or children matters.
I would advise to speak to a solicitor. Please note the above does not consitute legal advice.

Thanks I understand. He hit my 13 year old daughter was arrested & released on bail conditions. He is paying privately to the family court & contesting the non molestation order via a paralegal solicitor/ Barrister. The barrister is the one who suggested undertaking, which I refused to accept. I cannot afford a solicitor therefore, trying to deal with this, but not sure since it is complex. The barrister said he was play fighting (Hitting incident was interpreted wrong!) while he has got an offence for battery. The system is not fair.

Go to a solicitor and they will assess you for legal aid. The assessment is free. You may be entitled if you are on a low income. Legal aid is available for everyone for non mols, it’s just if you earn a certain amount you may have to pay a contribution back to the legal aid agency. There’s no harm in enquiring with a solicitor.

If he has bail conditions then the court may say you are sufficiently protected without a non mol but that depends on the bail conditions. Please do contact a solicitor though and ask to be assessed for legal aid. If you are granted legal aid then the solicitor can represent you at the hearings or instruct a barrister.

Thank you you have been very helpful. I am not entitled for legal aid. I did the non molestation order myself. We do not have much choices as we live in his house & he pays the mortgage, while I cared for the children & do not have any family support in the area. It is tricky. Have sought advice, but it all boils down to the same problem.

Have you spoken to women's aid or citizens advice?

Rights of Women give free legal advice OP, sorry I can't link (lost the ability when MN did the 'upgrade') but their contact details will come up if you google.

Yes I have tried all avenues of help. Still the same problem. Thank you everyone for giving me your suggestions.

Sorry to go on but you say you’re not entitled to legal aid, everybody is for non molestation orders. It’s just that you may have to pay a small monthly contribution back to the legal aid agency. They assess you differently to if you were wanting legal aid for divorce or children matters because potentially your life could be at risk, hence why you applied for a non mol. I would advise speaking to a solicitor and if they tell you you don’t qualify, speak to another. As I said, everyone is entitled to legal aid for non mols, you just might need to pay a monthly contribution. I’m a family solicitor so I know! Hope you’re coping as well as you can be. Don’t be afraid to ask for help.