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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 with out it successfully being served

8 replies

TickingKey46 · 16/11/2023 17:54

I'm at a really low point. My ex husband has been harassing and abusing me for 6 years. After yet another incident the police have recommended I apply for a non Molestation order.
So I've applied but they have been unable to serve it as they carn't find him. (He's homeless etc)
So my question is can a non Molestation orders be granted with out it being served, (they have tried via email. Obviously this isn't ideal but has anyone experienced this. I'm living on my nerves this week and feel ready to pop mentally.
Thank you

OP posts:
Popperzip · 16/11/2023 18:47

Speak to woman’s aid and see if they can help

TickingKey46 · 16/11/2023 20:57

Thank you I hadn't thought of that. I almost carn't face being told if it's not served then there's nothing that can so.

OP posts:
FrazzledMCPremenopausalWoman · 16/11/2023 20:59

The court can issue a non mol on a without-service basis. It may be worth phoning the court and asking them for further details.

TickingKey46 · 16/11/2023 21:12

Frazzled how is it legally binding with out the other person being aware? Is this something you have come across ?

OP posts:
FrazzledMCPremenopausalWoman · 16/11/2023 22:20

Apologies, just gone back to the friend who was in a similar situation to yours. She's clarified that it's without-notice, not without-service. Basically the judge granted the order and a bailiff served it in person - she had to give a description of how he looked, where he'd usually be at a particular time etc so they could find him

TickingKey46 · 16/11/2023 22:30

The judge had already agreed to it being with out notice, which is excellent. But obviously still carn't find him.
The situations a bit tricky as he's a rough sleeper. I did know where he was sleeping but he may have moved on? Email address doesn't appear to be valid, no phone or what's app.
I am so frustrated as he's been in a certain place for about a month, now he carn't be found. Not helped by the baliffs only working 9-6 ish!

OP posts:
Dery · 16/11/2023 22:43

So - in order for the order to take effect, he would normally need to know it has been made. But situations like yours do arise where the respondent can’t be found for purposes of service.

Let the police know the order has been made and give them a copy. Do the police know what he looks like? If not, there’s a form you can fill in with any distinguishing details he may have.

How has he been getting in touch with you? It’s not recommended for people to serve their own non-mols but maybe keep a copy with you so you can give it to him if he contacts you. If he finds a way to speak to you, tell him about the order.

Also try calling the NCDV as they may also have other suggestions on what to do.

TickingKey46 · 16/11/2023 23:31

Dery it's a long complicated story! Probably best not shared on here as it's pretty outing. But his lifestyle has plummeted to where he is now, so his way/s of abuse has also changed as it's gone along. The last time he harassed/abused me was 2 weeks ago. Hence me contacting the police and them recommending a non mol.

I have asked the court personal but I speak to someone different each time and they all say something different! I'm representing myself so it's a bit tricky. I have a court hearing in 2 weeks. But even if the email did get to him, he's very unlucky to turn up. We have had many dealings with the family courts regarding the children. He just stopped attending.

So you have personal experience of this kind of thing?

OP posts:
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