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After breaking up with my ex partner 2 weeks later I received a non molestation order.
Assaulted her, arrested and charges got dropped after I explained she attacked me and didn't hit her 2013
Her basis is that I was abusive verbally when she was pregnant and smacked her . 2012 no police
- in 2008 a mirror got broken in argument - police called no arrest.
- 2008 - police called after argument - again no arrest she was asleep
- 2007- Hifi broken - no evidence or police
- 2006 - attacked her and dragged her - no arrest or statement
She asked for 6 month order and stopped me and my parents seeing the children, she accused me of speaking to her and got arrested and charged for breach of the order, however my lawyers says they wont hold magistrates . I spoke to my daughter who havnt seen for 3 weeks and she is not on the order
She mentioned that she scared of me and that I could kill her and assault her and harm the children if this isn't granted,
I have contested this on the basis/
I have a video of her on the alleged assault night of her swearing at me and as soon she saw me filming she said I will F**ck*ng kill you
I have texts over 5 months worth I no threats of violence by me but on occasions she has swear and threatening me
3 days before injunction served on each day I went over, one night I recorded the night , on which she said can hold baby, I dreamt I was pregnant , laughed and jokes.
week before I received the injunction and up until the day before it was served. we text each other on good term, joking and laughing. She admit she had temper and issues and that she loved me but we would be friends.
them pm prior to the injunction being served she turned nasty say if you want play like that see who wins etc, then next day injunctrion was served
I had children on my own, and throughout the months I have look after them and recording of my ex agreeing to have them
we went to a concert 2 week prior with video of us laughing and singing, and drove back overnight.
we had holiday booked for august.
I have a work reference as work with children and adults and they said Im kind and that never had a problem
I have my parent family friend who wrote a rerfence on both say that he say us often and didn't see any problems
I have contested it, what chance of it dropping ?
It's impossible to predict what an outcome will be...from what you say you have some good evidence that would suggest its a different story from the one she tells.
I would just advise you to stay away and don't do anything that could be interpreted as a breach of the injunction.
Ive had one of those a week a go 🙂 As NJ say do not in anyway breach this no matter how raw emotions may be and how artificial the situation is.
It is important you defend this as any future decisions with courts etc may always rely upon this as evidence is gathered.
I am not clear - did you assault her and what happened - any cautions or convictions? Or has she made it up. If she has you need to make a point of this!
Reading around the issue I have been told rather than allowing it to be served on you - you can take an undertaking you will not have any direct contact with her to avoid the full 6 month order. Perhaps for contact you can use someone neutral.
BW
Boyce
I know that you have been told not to contact her, but even if she contacts you, please do not speak to her in any way, as that will be a breach, no email nothing.
It is difficult to say what the outcome will be , although I suspect the easy option will be taken and undertakings given to the court.
You can make your own Application for contact and on evidence of your "violence" which I have no doubt will be used against you, but the Courts wont stop you having contact although it may have to be supervised.
Your parents too can make an application for contact, they will have to ask permission of the Court, but they can as I said make their own application and it is up to the Court whether it is in the best interest of the child for contact to take place.
If you can try and get all the texts printed off and forward/submit to court as your evidence to prove your ex’s threats, temper and her then being nice to you etc…
If you can get the video evidence/sound recording transcribed get that too printed off and or copy of the video clip to courts.
I would think maybe EnyaM or Yoji, Actd Darren, and CLC (Coram) could be able to advise better on how to do this.
If you haven’t time ask for the hearing to be adjourned so you can provide the proof of the threats your ex made etc…
If you have any evidence supporting you regarding the alleged incidents then add that to your defence bundle.
But here you need to also be honest with the courts, if you did any of what she claims then not being upfront and honest to the courts will not go down well.
If you have (and I’m not saying you have!) maybe you could start looking at options for anger management courses, this would show you understand you had issues and your actions were not good but that you are actively finding a way to fix it.
Honesty is the best policy and the truth will be seen by the courts eventually.
if you've got lawyers what do they tell you to do?
I wasn't charged with the assault, it was dropped , and previous in 2012, no police was involved, after 3 month last year she started to email me being nice and saying she wanted me back in 2012.
Question about undertaking
does this have a usual duration as one day I hope we can eventually get on for the children ?
isn't an undertaking like a 6 month injunction?
I know the one I undertook was 6mth.
did you keep the emails? if so take them with you to court or if you can submit in advance and make sure you send her legal rep the same so that they don't try to refuse it in court.
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