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TOPIC: Non-Molestation Order - Help

Non-Molestation Order - Help 2 months 1 week ago #97834

Hi all, really hoping somebody on here can give me a bit of advice?

So my partner of 27 years has called time on our marriage, we were social tenants and she wanted to keep the house and our two teenage children within it.

She hasn’t really worked and as a result I have almost 40k of debt in my name so can’t afford proper legal advice.

She is doing everything she can to not only keep the house but also destroy me, as a result I was served with a ‘without notice non-molestion order’ 4 weeks ago, my court hearing is in two, the non-mol order is full of lies and I have evidence of this.

I have had too move out and rent privately and subsequently will have to go bankrupt.

The hearing will last about 30 mins (bit long or is that standard?).

I have drafted my statement and have got loads of evidence, my questions are;

Do I read my statement out in court or pass it to the judge along with my evidence?

Do I have to send my statement to my wife’s solicitor before the hearing or give her a copy in court?

Thanks in advance

Loosing The Will

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Non-Molestation Order - Help 2 months 1 week ago #97843

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Hi there

Sorry to hear about your troubles... it’s a difficult time for you.

30 minutes is pretty short... if you’re contesting there will be a further hearing set I’m sure.

Have you been asked to provide a statement? If you have been ordered to provide one, it’s usual for them to specify a date and time for it to be filed with the court.

If there’s no date specified for filing of statements, then you can either file it with the court in advance, or take it with you on the day and ask for it to be put in front of the judge on arrival. You are required to provide the other party with a copy at the same time.

There is a specific format for statements that you should keep to. If you need advice on that we can provide some links to help you.

All the best
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I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

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Non-Molestation Order - Help 2 months 1 week ago #97847

Hi Mojo

Many thanks for your reply.

Really hard time to be fair, have to go to the doctors today for some medication to help me cope with the situation!

I have written my statement giving a detailed history of marriage life and what led to our current predicament also providing evidence that contradicts my wife’s signed statement in support of the non-molestation order.

Can you shed some light on the statement format please?

Many thanks

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Non-Molestation Order - Help 2 months 1 week ago #97849

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You need to keep your statement concise, too long, too much uneccessary content, will put the judge off reading it thoroughly. It must engage the reader. So short numbered paragraphs.

I’ll get you the links for you.

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Non-Molestation Order - Help 2 months 1 week ago #97850

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Here's some links to info about how to structure statements and also a template that you can use.

Template ~

media.wix.com/ugd/69743a_6f5457e9a07b43a...ith%20questions.docx

www.thecustodyminefield.com/flapp/statement.html

www.thecustodyminefield.com/flapp/positionstatements.html

A good website with info in plain english, some court videos to watch too.

www.mfjc.co.uk

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Non-Molestation Order - Help 2 months 1 week ago #97851

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Last Edit: by Mojo.

Non-Molestation Order - Help 2 months 1 week ago #97857

Thanks Mojo, very much appreciate your time.

I am fortunate (I use that word loosely) that my children are teenagers and old enough to make contact with me without the wife getting involved.

I spoke to the court today for some advice,
It appears how I have structured my statement it spot on (do need to add some more details) my evidence is sound.

Was advised to send statement and evidence to court sooner rather than later in an email as an attachment, she also advised me to contest the order as I have moved out and it is no longer necessary, she was super helpful!!!!

I might have an angle for a free chat with a solicitor next week (through a friend) so will see what they have to say.

Will keep you updated on the progress.

Thanks again

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Non-Molestation Order - Help 2 months 1 week ago #97858

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Wow that was helpful, they usually won’t give specific advice. Happy to have helped, but it seems you have it covered... well done and yes, please do keep us posted!

Best of luck

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