I have contested all allegations for a non-mol order and I have a hearing coming up soon.
The judge has allowed both the applicant and myself to have a witness each.
I can understand this if I was the applicant but what exactly would my witness need to write about as I’m not making the application?
Also, all her allegations are baseless and I know that her witness will be instructed with lies. Can I request to cross-examine this witness to prove that they are lying?
Thanks in advance.
You don't need to provide a witness. If you don't know what to use a witness for then I would not use one.
Yes, you will be able to cross examine both the applicant and their witness. Your barrister will carry out the cross examination. If you won't use one, you will draft and email questions to the judge who will ask questions.
However, the judge, for the purpose of establishing facts, will cross examine all parties. In some cases, the judge can unravel lies or inconsistencies for you.
Currently there is a non-mol order in place until the fact finding hearing. The order states not to contact directly or indirectly but only via the ex’s solicitor (which I have stuck with)
A family member unknowingly, and innocently contacted the ex about Christmas arrangements. I was upset that they did this because it could have big repercussions now.
Knowing what my ex is like, she will manipulate this and I am now worried that I will have the police turn up to my door? Will they arrest me for something that is completely out of my control and not my fault?
Hopefully if you explain, they will give you a warning. It might be tricky at the fact-finding though but presumably the contact was friendly so you can explain