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TOPIC: Non mol order advice?

Non mol order advice? 4 months 1 week ago #96812

Hi I’ve recently had a non mol served on me well not really it wasn’t served in person but let’s not beat about the bush.

My ex and I broke up in November after an argument coming down from weed and not having any. It got physical when she hit me with the entire contents of the freezer and I end up getting arrested for shouting and supposedly having a knife which was never found at all via a police search.

Now all of a sudden I’ve been served with a non mol which states I had been abusive from early on in our relationship which is laughable. A lot of her claims are false and dated wrongly and my father can provide witness statements to disprove a lot of her claims too as she stayed with myself at my fathers where I was a tennant.

She also made claims that she was worried about me during our relationship but I have messages between us for more than a year which shows we had what I would say a loving relationship. She’s also not mentioned our cannabis habit at all to anyone which she enjoyed a lot of btw.

I plan to defend this as I feel her mum has manipulated her into this thinking it will be easy pickings but I can guarantee it won’t and want the best for my child which is time with her dad.

I was also allowed my child three times unsupervised before contact was stopped another sign that she doesn’t think I’m a danger?

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Non mol order advice? 4 months 1 week ago #96813

I would also like to say I have contacted my family lawyer, first meeting with them on Tuesday and I have 4 witnesses for my defence of it.

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Non mol order advice? 4 months 1 week ago #96820

  • Mojo
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Hi there

You will be able to try and overturn the NMO at the next court hearing, if you have evidence that will back up your side of the story, you should be given the opportunity to submit it.

If the witnesses are family members or friends, it won’t has as much impact as someone that doesn’t have a personal connection to you.

They will bring up the police involvement, as evidence of DV, your solicitor will talk you through what will happen.

It’s often a good idea to produce a brief position statement to take with you to the hearing, to give the court a little more detail about the background of your case, any concerns you have and what you would like the court to do.

The courts will always take all allegations seriously, until they can be sure there is no danger to the child. Sometime the court will ask you to accept an undertaking, without accepting any wrongdoing... or a cross undertaking, where both parties agree to stay away from one another.

As far as contact with your child, the court may want to finalise the NMO before looking at contact, so try and make sure that any NMO allows for you to be able to see your children, for instance email contact with the mother to arrange contact times, or for emergencies involving the children. Think about a trusted third party that can help with pickups and drop offs, to help with contact.

Ask the court if they will deal with contact with your child, they may agree to do so, but they may want you to make a new application for a Child Arrangements Order, again speak to your solicitor about this.

Best of luck

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

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