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Undertakings in place of Non-Molestation Order?

 
NezzaDad
(@nezzadad)
New Member Registered

Hi, new user, first time posting!

I have applied for a Non-Molestation Order against my ex-partner.

We've had the initial hearing and she has asked for me to consider accepting Undertakings instead of pursing the NMO.

We've now agreed on the terms of the Undertaking and I am happy for us to proceed on this basis.

We have the final hearing booked for the end of August, but I would like to wrap this up before then, but don't know the procedure for the submission of the Undertakings and if that can be done ahead of the final hearing & if so, am I able to withdraw the application for the NMO based on the acceptance of the Undertakings?

I've tried contacting the Family Support section of my Court, but they never seem to pick-up the phone & take absolutely ages to respond to Emails unless they are marked URGENT.

Any ideas how this works???

Cheers,
Nez

 
Quote
Topic starter Posted : 13/07/2021 12:12 pm
Champagne
(@champagne)
Estimable Member

I believe that if you withdraw the non mol, you won't get the undertakings.  I expect when you applied for the non mol you set out what you wanted in the Order.  The undertakings should be the same as those.  Best to write to the court explaining that you are happy to accept undertakings in the terms set out in your statement.  If whatever you want to stop has stopped, then it seems fine to wait but you could ask for a telephone hearing to take place before then which is all that would be needed for the undertakings to be agreed.

ReplyQuote
Posted : 13/07/2021 5:08 pm

Daddyup
(@Daddyup)
Honorable Member Registered

Hi

You don't withdraw the NMO, the undertakings are the outcome to your application rather than a court non molestation order. So you need to speak to the court to see if you can bring forward your hearing and explain why so that a shorter hearing can be scheduled (otherwise do it at the hearing already scheduled). The undertaking still needs to be approved by the court as they need to ensure that it still protects you as whilst it will not carry powers of arrest (like an NMO) , breach of an undertaking is considered contempt of court and is still a serious matter.

 

All the best. 

ReplyQuote
Posted : 13/07/2021 7:09 pm
NezzaDad
(@nezzadad)
New Member Registered

Thanks for the replies, I'll try & contact the Court.

 

Thanks

N

 

ReplyQuote
Topic starter Posted : 13/07/2021 7:47 pm

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