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TOPIC: need help

need help 6 months 2 weeks ago #97167

I've just had a summons through the door to attend court for breaking a non mol order on the 30/7/18 there is two charges one for sending treating text and another for attending her house how ever the week before this while I was away in Spain she contacted me and asked me to fetch her 1500 cigarets back wich I di and when I returned she asked me to but her a 42" tv and a fire stick with I did and then gave me her address and I took them up sat in her house for hours and we kissed and then talked and after she got what she wanted said she wants no further contact so I bought a clamp and went to her house the weekend after and clamped the Range Rover I bought for her two weeks before she left as I did not know she was having an affair for the last five years I only clamped the car as its in my name and I'm paying for it and she would not return it what shall I do

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need help 6 months 2 weeks ago #97168

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Do you have her requests for cigarettes and the tv in writing, either texts or email? Did you send her a threatening text?

Did the car clamping happen at the time of the alleged breach back in July? What has happened about that?

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

need help 6 months 2 weeks ago #97170

yes I have shown the police the messages from her and all the texts and 2h phone calls from her

and yes the car clamping was the breach as she refused to hand it back as she got me to buy it two weeks before she left but the finance is in my name

and I can't remember sending any treating texts as my heads was a mess as I just found out she had been having an affair for five years

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need help 6 months 2 weeks ago #97173

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When are you due in court?

It’s a good idea to prepare a brief two page position statement, to tell the court your side of things. Mention that you have screenshots of the texts where she asks you to attend at her house and buy her things, also mention that the car is in your name and she had refused to return it, take the car finance paperwork with you too. In court you can ask for permission to file the texts and car paperwork as evidence.

Does she still have the car? Im not too sure where you stand in regard to repossessing your car as it’s in your name, did the police advise you about that?

It might be helpful for you to instruct a solicitor if you can afford it, it seems to me you were duped by her and that would make anyone angry!

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

need help 6 months 2 weeks ago #97177

im due in court on 19/3 19
but the police have seen them and screen shot all of them

and ive now deleted all messages from her as on the 30/11/18 she came to my house and asked me to pay for her car insurance and pay some dept she had with her dad and then on the 1/12/18 told me once again she wanted nothing more to do with me once again my head was a mess and I sent her 34 messages in a 24 hours not one was abusive or treating how ever she went to the police and because I had not broken my non mol she had me done with harassment and I was charged and given 50h of unpaid work and £170 fine so that was the last straw I blocked her and deleated her from everything
I also went to court in October and got an order to have my kids everyweekend over night but it lasted two weeks before she broke it because her child maintenance got reduced and then she posted pictures on face book over Christmas say what a happy family they are now and what a great dad he is to the kids and made it public so it would get back to me but I never rose to it

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need help 6 months 2 weeks ago #97206

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It all sounds a bit of a mess to be honest... the fact that you have a conviction for harassment recently and are now back for a breach of the NMO isn’t great.

If you have a court order for overnight contact with your kids, by stopping it she is in breach of that order..
Could this be the reason why she is making all these allegations? It all seems to have started after you were awarded contact.

I really do advise that you get some legal advice at least, and if you can afford it, some legal representation in court.

Best of luck

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

need help 6 months 2 weeks ago #97219

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I agree with Mojo that you should try to get some legal advice if possible. You might even be able to get some Legal Aid assistance.

Non-mol breaches are taken very seriously in court & I strongly advise getting any evidence together and seeing a lawyer.

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I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.
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