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I have been given a molestation order against me and ithe mother is also not letting me have any contact with my son,she has accused me of domestic violence so she can get legal aid and has told the court untold lies, she failed to add that it is her with the violence she stabbed me in my arms which the police were involved about 2month ago and i did not press charges with police as i was told because she has assaulted another partner before she could get a custodial sentence and it could have meant my son could have been taken into care i could not have my child being punished because of it. But now this has now been turned on me. How can i get to see my son when i cannot afford a solicitor. I have just been made redundant .If anyone could advise me i would be so grateful i am out of my mind my son means the world to me and i know he will be missing my too
you could always represent yourself, id be inclined to fight the non mol and also get police reports of the stabbing. I myself am going threw the same thing (without any dv allegations). i find the laws in england,wales and scotland are so far up the left when it comes to legal aid. I live in northern ireland i work 40hours a week and im fighting a non mol and going for contact with a solicitor and barrister and all i have to contribute is £134.... thats it! and if i win the non mol case which i should because i have so much evidence against her she will more than likely have to pay the £134 for me.
theres stickys at the top of the forum that walks you threw self rep step by step.
If i was you the first thing i would be doing is contacting police for that police report and also whatever gp you seen to get stitches or whatever reports the hospital would have done on you
I agree you can represent yourself. It's very doable and there are many dads here that have done the same. Check out the stickys at the top of this section, you will find plenty of information about representing yourself and the court process.
As part of the court process CAFCASS will ask for police reports and it will come to light that she attacked you. If you tell them what you have said here about putting your child's best interests above all else, and that being the reason you didn't press charges that will go in your favour I'm sure.
If you are on a low income or benefits you can claim an exemption from court costs with form EX160a. I'm not too sure but the legal aid commission might accept police reports of assault as proof of DV, which might mean that you would also be entitled to legal aid. Perhaps you can go back to the police and ask them for the report and then take that to a solicitor, it might be accepted....worth a try!
As Frustrated_Dad has said if you can prove by way of documented evidence about the stabbing and previous DV caused by your ex then use it and submit it with your statements to the courts.
Ask the police for their records - it will cost you about £10-£20 i think and they can take 4-6weeks to get from them so if your hearing is due i'd suggest in court to have it adjurned so you can provide proof of your ex being the agressor. its well worth it though and also having copies of medical records etc...
don't do what i did and accept to take an "Undertaking to the court" until you have the proof to show the courts your ex is deceiving them.
i took the undertaking at the non-mol hearing to apease the judge...........i didn't see why i should have had to as i'd not done anything wrong and able to prove it but i hadn't the report from the police at the time and i wanted the judge to get contact back to normal as it had been so i took the undertaking.....i wish i hadn't as when the police report came through would have seriously destroyed my ex's claim!
it later got the judge to throw out her claims at a finding of fact hearing that we had to have....and there it really knocked her barrister for six when the judge said he could clearly see the evidence before him showed my ex to be deceptive, a liar and unreasonable!
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