I know no one can give me a true answer to the question but it is bothering me.
I got served a non-mol without notice in April/May during the height of the pandemic and lockdown.
I have read criteria for getting a non-mol without notice but I am still surprised my ex got this?
Her witness statement is very flimsy (no proper dates and our relationship was over 10+ years). She does not describe any physical abuse, but emotional/financial/paints me to be controlling during the relationship which ended 2 years ago (which is obviously v bad.) 99% false allegations and a lot of points I can disprove. I texted/called only to ask about the children which she was not letting me see, but witness statement describes me at dangerous and threatening. If it was the mother trying to see her kids, it would be viewed differently...
I have a bit of criminal record but this is from before I met her and I doubt the court would check this before granted her a non-mol - would they?
So what I’m saying is how Do you think did she managed to get it without notice? Was it because of the pandemic? Or is it that easy to get one without notice and with such a flimsy witness statement.?
I don’t live near her, there’s no police records or anything from during our relationship... it’s just really getting to me!
Courts/judges err on the side of caution to avoid the applicant (usually mother) or child getting harmed or worse.. within a short period of time (longer at the mo due to covid) there has to be a hearing anyway where allegations can be challenged etc and therefore it is only in force for a short while as long as one is successful in challenging it.
Admittedly it is a little easier during covid due to the heightened awareness and risk of domestic violence.
Key rules are to not breach it not even to ask about the kids, and follow due process.
Daddyup wrote: What is your current situation, is the non mol in force?have you had a hearing to challenge it?
Thanks for your reply daddyup.
It was without notice but I have got a hearing in a few weeks. It is paper hearing so I just sent my response to the allegations with evidence. I can prove she’s lying on at least 3 of the things she’s said (from texts/facebook.) I can prove she’s exaggerated what I’ve said on one occasion (proof in texts.) the rest is her word against mine. But as I said, no police records between us or anything like that.... so I’m hoping for it to be thrown out... but I also know to expect the worst
its easy to get urgent/without notice hearing. people lie/make stuff up. like child is at risk of serious harm, parent going to flee the country with child etc... sometimes people do it to avoid waiting 2-3 months for a hearing lol.
Bill337 wrote: its easy to get urgent/without notice hearing. people lie/make stuff up. like child is at risk of serious harm, parent going to flee the country with child etc... sometimes people do it to avoid waiting 2-3 months for a hearing lol.
Yes- I can understand it for those reasons but her witness statement does not mention the children or harm to them (it says we have children together but that’s it).
Now I think about it there was something about her being worried I would come and snatch them from school but I’ve never attempted or threatened this... as I said I don’t live near her either and I work... it would be impossible even if I was going to (which I would never)