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TOPIC: Non Molestation Order

Non Molestation Order 11 months 2 weeks ago #100746

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Hi all

After a bit of advice regarding the above on behalf of a family friend who has recently been served an NMO.

It's from an ex girlfriend with whom he has an 11 year old child. They have been separated for over 5 years. The NMO cites historic DV, substance abuse, depression, trespassing and threatening behaviour. She also claims she has been frightened for her daughter. The NMO seems unprovoked as these accusations are false and he only ever contacts the mother to discuss the daughter as it is.

My friend cannot afford legal representation and is not allowed legal aid so I've told him to take advantage of as many free consultations with solicitors as possible and get as much evidence together as he can in readiness for the court hearing. His biggest concern is of course access rights to his daughter given the seriousness of the false accusations - can this one hearing give rise to him being not allowed to see his child? As the accusations are false, there is no way she can prove any of it but I assume that if he can't disprove it it's a case of who the court is more likely to believe - which would likely be the accuser.

I'm really just after some real-life tips and recommendations. Is it best to ask for an undertaking? What are the first hearings usually like, what do they involve etc?

Thanks to everyone in advance!

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Non Molestation Order 11 months 2 weeks ago #100764

Is the NMO an emergency one?

If it is and if she hasn't yet been to the police so there is no history with them of abuse then he can disagree with the claims but accept an Undertaking. This then shouldn't have any impact on child arrangements if he can act logically plus has family members and close friends who are known to the child who can then help with the logistics of doing handovers.

If she has gone to the police then it depends completely on what the outcome of their investigation was on what he needs to do and the impact on child arrangements.

The family courts are very use to woman claiming they were/are victims of domestic violence/abuse to either keep the father away from their children or try to control their interaction with them.

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