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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

Length of a non Molestation order

11 replies

TickingKey46 · 02/12/2023 11:49

Good morning
My ex husband has been served with a non Molestation order (yesterday). So the order is already I place, but we have another hearing soon. The order was done as an emergency. It only covers me (not the kids) and is for 12 month's.
I'm representing myself in court and hope for the order to to be extended in length and for it to cover our 2 children. What warrants giving a longer order?
I know full well that a 12 month order won't be long enough and that it absolutely needs to extend to the children, it's just getting it across to the judge. Any information or help will be greatly appreciated.
Just for context he does not see the children as there is a no contact order in place, so a non Molestation order extending to them would not effect that.

OP posts:
Whattodo112222 · 02/12/2023 12:01

Basically a non molestation order can only be extended if a molestation or multiple breach has occurred. The order has to be close to expiration for a hearing to take place to extend it.
At your return hearing he can also contest it and it could be discharged so be mindful of that. In addition, the court may offer him to take an undertaking which is slightly more challenging to punish him on if be breaches it.

A non molestation order cannot cover the children, it doesn't prevent him from having child contact. The non molestation terms cover you only.

You can only get what you're asking for via a no contact child arrangements order or a prohibited steps order which places restrictions on him regarding the children.

It's very difficult to obtain a no contact order for the children. You have to demonstrate the risks he poses to your children, and even then the Court would offer him supervised likely.

I suggest you walk before you run. Go to the return hearing with all of your evidence of his risk, do not accept an undertaking and let the order run, if he's committed breaches you have a basis to extend the order.

Whattodo112222 · 02/12/2023 12:03

Sorry, I just read the last bit properly re no contact order to kids, scratch that part of my post!

I don't understand why you want a non molestation order to cover your children if there is already a no contact order. Is this your final order?

ItWorriesMeThisKindofThing · 02/12/2023 12:06

See if you can get some support via your local domestic abuse service or support through court/ victim support as well

Redlarge · 02/12/2023 12:21

It can only be extended if ots near the end. Mine was extended twice as we had multiple court hearings at multiple courts and he was likely to react badly when things wouldn't go his way. Itppas extended twice to offer me protection for this.

Tbh though they arent worth the paper they are written on. Police did fuck all about breaches, even with witnesses.

Be prepared for the ex to exercise his right to object which no one told me about ... especially when it was an emergency order. I got the order then about 3 weeks later i was put through a 2 day find a fact hearing dominated by the ex throwing mud left right and centre. It was horrendous. His behaviour was that bad the judge walked out... no recourse though obviously.

A got a letter a few days later to say the outcome of the cross examination is that hes an abuser and there is molestation.... shock.

Ive refused to apply for another order since because of the experience. Mans world and police are shit.

TickingKey46 · 02/12/2023 12:28

The order was made Ex Parte, so the order drawn up and served on him, then the hearing after.
I asked the judge if it could be longer than a year and include the children, she said it had been drawn up as an emergency and that would be for the courts to decide on our return hearing. (There was only a return hearing as they still hadn't been able to serve him by the first hearing. (He has now been served)
The situations complicated and has been going on for years. Yes there is a no contact order in place, but his behaviour and abusive nature still impacts the children and has the potential to impact them more if there isn't a non Molestation order that covers them too. A no contact order doesn't protect the children from harm, just from harm while they see him. He's still able to negatively impact and halm them in other ways.
I'm trying not to give myself away, so excuse me for being vague.

OP posts:
Whattodo112222 · 02/12/2023 12:34

You can only ask OP. I was told during my experience that a non molestation order wouldn't cover children. You need a prohibited steps order for that.

TickingKey46 · 02/12/2023 12:47

I'm not sure tbh. There is obviously already a massive back story to this. I have been to court many many times already. His abuse is well documented, as we had a year long court case and a 2 day fact find. It was clear he was abusive to me and the kids and also that he had no remorse. He also sent abusive emails to all involved counting the barristers, and family courts!
This was several years ago now, things have continued. It's clear he's not going to stop with out an order.
He even came to our house even when there was a no contact order with the kids. (Luckily we had moved) but he didn't know that.
The case has been further complicated due to his own living arrangements. Hence why the baliffs struggled to serve the order.

OP posts:
Whattodo112222 · 02/12/2023 12:49

I'd suggest a prohibited steps order. Prevents him from coming to places the children are at and places restrictions on his parental responsibility.

Reugny · 02/12/2023 12:52

OP as he has parental responsibility and depending on the age of the children the Courts will not make an order for absolutely no contact with him at all without a massive fight on your end. This means a non-mol even if it includes them won't cover this.

It would cover them and even indirectly third parties if he was using them or attempting to use them to harass and abuse you.

Redlarge · 02/12/2023 12:53

TickingKey46 · 02/12/2023 12:47

I'm not sure tbh. There is obviously already a massive back story to this. I have been to court many many times already. His abuse is well documented, as we had a year long court case and a 2 day fact find. It was clear he was abusive to me and the kids and also that he had no remorse. He also sent abusive emails to all involved counting the barristers, and family courts!
This was several years ago now, things have continued. It's clear he's not going to stop with out an order.
He even came to our house even when there was a no contact order with the kids. (Luckily we had moved) but he didn't know that.
The case has been further complicated due to his own living arrangements. Hence why the baliffs struggled to serve the order.

Omg my ex did this ... the e mails, the complaints.... its still happening all the time.

It never stops

TickingKey46 · 02/12/2023 13:05

Reygny there is already a no contact order in place from the family courts. But he continue to do things that impact us as a family. He he previously written a lot of abusive stuff on line about me (using my name) not using the children's names but it's pretty obvious. Social/services/council took out an injunction to stop him doing this as he was talking about our time in the family courts. He was meant to remove these items and post no more. He posted one more and kept the rest up.
The judge said she would look at things more carefully on our return and consider the children and the length of the order. So it's not about renewing the order or extending it. It was written as an emergency so the judge said they may alter some of it.
I'm also not too worried about him contesting it, if he does he does, I have good evidence that carn't be disputed (even though he may try)

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