I just had a phone call from the family courts. The hearing is tomorrow and I have been told two days prior without my knowledge. Ex had me arrested about a year ago on harassment, which was lies and the police let me go. Now I have heard she has applied for a non molestation and occupancy order against me. What is this please? I live 10 miles away from her anyway. I need time, one day is not enough, I need to get a solicitor for advice and so on. Any advice please
I'm sorry, that must have been a shock. A non molestation order is a civil order (not criminal). If granted it will likely state that you must not contact her or go to her house or place or work or post anything on social media. You mustn't get anyone else to do the things you are not allowed to do either. If you do, then that is a criminal offence. An occupation order means she has the right to live there and you don't. You can go to court and oppose the orders and ask for more time. The orders may be granted in the meantime but you have the chance to object.
If you live 10 miles away, then there seems no need for her to ask for an occupation order. Are you on a tenancy or mortgage?
Hi,
The non molestation order is a restraining order. You would be given 2 options, can accept the non mol on no finding basis (i.e no fault on your part and you agree to not harass her) or if you disagree you can contest it, and court would set another court date, where you can challenge it.
Sometimes it is better to accept it and move on. Occupation order is very serious, judge decides who is to live at a property and who sould leave. Suggest you seek legal advice. If you need a barrister, I suggest hiring a direct access one. Cheaper but will be very difficult to find at such notice.
- If I accept the non molestation order on no finding basis, will she not get Legal Aid. The reason she applied for the non molestation order, so she can get Legal Aid for the family home.
I actually don't live in the home we separated over 3 years ago. I am renting out a HMO about 4 miles from the family home. I am on a low salary.
Sorry I checked, she actually lives 4 miles away which is a 30 minute walk.
Are you on the tenancy or mortgage for the home where she lives?
@nickpuna if non mol gets granted, she could use that to claim legal aid possibly. but its also possible to get legal aid without a non mol being in place.
The court is unlikely to make an occupation order without you having had proper notice. The mortgage company must be advised too. You may need legal advice for this. Do you have children together, and if so, do they live with her?
But I do not live in the home, I left the home in 2019
Since that time I have been renting and trying to move on with my life, I have also continously tried to sort out the child arrangements and financial matters. She has continously caused obstacles. I sent letters offering mediation and her to keep the home until or son is 18 plus I said I was open to negotiation. She just keeps messing me about and wasting time and money
The mortgage company knows, I told them back 2019. She has partner who lives with her, they are paying the mortgage. Its all just a ploy on her behalf to make life difficult for me and get Legal Aid. Essentially she thought that I would come back to her, but I didn't. Then she used my son in her games. Honestly this woman is sooo evil, I can't believe I actually lived with her for 10 years