My wife has taken out a non-molestation order against me which I have contested. Hearing in a few weeks time. I have just found out that my wife has posted videos of me online burning our wedding photos, and had joked about slashing my tyres. Has she breached the non-molestation order? If so, what do I do?
Unfortunately it is yourself that has been served a non molestation and not your ex partner. Its ashame they can swan around doing what they want. However i am not sure as part of your defence you can get some evidence ie off her facebook saying she going to slash your tyres
Id agree re gathering evidence. Dont know your situation i.e kids, financials, what agreement you have with wife etc but..l
If you cannot refute all allegations and avoid the non molestation coming into force for 6 or 12 months then the next best thing some solicitors advise is to portray that it was a volatile relationship that you both did things you are not proud of but you are remorseful, accept that the relationship is over and have moved on and have no intention of contacting your wife again.
Thank you for your replies. I’m hoping upon applying for the non-molestation order she would have received a set of rules herself. I have contacted the police and have given a statement and reported it anyway. Hopefully I’ll be able to use this in my evidence that it is in fact me that has suffered harassment. Her allegations are full of lies and I truly believe this to be made maliciously in an attempt to sway the judge when it comes to our child arrangement order. Will see what happens. Thank you all again.
As you've mentioned you have kids then yes you have to challenge the non mol.. however be warned its not an easy thing to do and will take time, a methodical approach, evidence gathering and a well structured response.
She applied for a non mol against you (which has been served upon you) and so she will not have any rules to adhere to herself.. she can do what she wants..
You must not breach any of the conditions (including the spirit) of the non molestation order at all including contacting her about the kids even if the order allows you to (do it via third parties or solicitors)... breaching the order can lead to arrest, imprisonment etc but also more importantly for you to be branded as a violent domestic abuser and prevented from seeing your kids.., eg if you breach then you will be considered as someone who cannot adhere to serious court orders and therefore cannot be trusted around your kids..
Also note that many exs have been known to engineer situations that lead to breaches eg you may find out on social media or via a 3rd party that your children are ill (they may just have a cold but your ex makes out its more serious) so you contact ex about this.. each attempt (phone call , message etc) could be considered a breach and have serious implications for you.. if you make too many attempts you could also face charges of harassment and controlling behaviour..
ps please do not take the matter lightly, it is not a case of see what happens.
If you are not successful in defending it at the hearing in a few weeks time and your ex succeeds in convincing a judge to keep it in place for 6 to 12 months then it may impact your ability to see the kids for quite some time etc...
There's lots of good advice on here but if you are not confident in representing yourself and can afford to do so then get a solicitor.. even if it is just for this hearing and then consider self representing in future for other matters.., (others may disagree re getting a solicitor but its just my view)..