That's interesting; in that case it might be worth asking the court at the return date to merge her NMO application with my C100 application and tell them I deny it all and contest it in full, with just one requirement for a barrister to contest if that also means the allegations could then not be used for the CAO (if they're not upheld).
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NDV called asking for my address for court order from ex
- Thread starter lunico93x
- Start date
That's interesting; in that case it might be worth asking the court at the return date to merge her NMO application with my C100 application and tell them I deny it all and contest it in full, with just one requirement for a barrister to contest if that also means the allegations could then not be used for the CAO (if they're not upheld).
If the cases aren’t merged and you contest and the allegations are not found by a judge in a fact finding, the ex will then not get legal aid for the CAO. So in some cases it would be better to keep them separate, although round here the cases are always merged with the CAO being put first and foremost.
You have said that you were a victim of domestic abuse yourself, so it may be worth you trying to get a letter from a male domestic violence charity or housing association etc so you can get a legal aid solicitor. However, legal aid solicitors and barristers are not as good as a direct access barrister. And you can’t have legal aid to defend a NMO.
You have said that you were a victim of domestic abuse yourself, so it may be worth you trying to get a letter from a male domestic violence charity or housing association etc so you can get a legal aid solicitor. However, legal aid solicitors and barristers are not as good as a direct access barrister. And you can’t have legal aid to defend a NMO.
The bail will usually stop that, but the NMO is standard advice once it ends ( if NFA).A NNO can proceed even if the Police are still investigating. Police often advise victims to get a NMO as it means they won’t get regular harassment calls because the NMO prevents harassment.
The plus side of contesting a NMO is the judge will order a fact finding for the NMO and if they allegations are not found, then those allegations cannot be used in a CAO hearing because a family court has already dismissed them.
My son has a NMO against his ex and the police are still investigating allegations against her that form the offences in the NMO.
So the wording says I can't contact her unless it's to arrange child contact things. And I can't go "within metres" of her home, unless it's to collect or drop off child. The fact the judge didn't specify how many metres raised my eyebrows but the order in itself I couldn't care less about. I wasn't contacting her anyway, and have no intention to go near her home.
Ironically whilst I was stood outside with the process server, I checked the post, and my FHDRA date has finally been set. Not until December however, which isn't great but seeing that it was set immediately put my mind at rest a little. Her supporting statement for the NMO is full of absolute crap, but at least I can see what the battle lines are going to be for child arrangements, and prepare for it.
Beautifully ironic that on the same day I got served her NMO, she will have also got in the post my C100 with my supporting statement, which tears her arguments to shreds. Hope she has a great day.
Edited to add: The return hearing date for the NMO is on a date when I had arranged to be abroad with my other old children (from a previous relationship). I'm thinking it's not even worth contesting, definitely not worth missing out on the holiday with my kids. I might apply to vary based on the fact the judge didn't specify how many metres (which in theory could mean me being on this planet puts me in breach).
Ironically whilst I was stood outside with the process server, I checked the post, and my FHDRA date has finally been set. Not until December however, which isn't great but seeing that it was set immediately put my mind at rest a little. Her supporting statement for the NMO is full of absolute crap, but at least I can see what the battle lines are going to be for child arrangements, and prepare for it.
Beautifully ironic that on the same day I got served her NMO, she will have also got in the post my C100 with my supporting statement, which tears her arguments to shreds. Hope she has a great day.
Edited to add: The return hearing date for the NMO is on a date when I had arranged to be abroad with my other old children (from a previous relationship). I'm thinking it's not even worth contesting, definitely not worth missing out on the holiday with my kids. I might apply to vary based on the fact the judge didn't specify how many metres (which in theory could mean me being on this planet puts me in breach).
Is there a return date for the NMO? Are you going to contest it?So the wording says I can't contact her unless it's to arrange child contact things. And I can't go "within metres" of her home, unless it's to collect or drop off child. The fact the judge didn't specify how many metres raised my eyebrows but the order in itself I couldn't care less about. I wasn't contacting her anyway, and have no intention to go near her home.
Ironically whilst I was stood outside with the process server, I checked the post, and my FHDRA date has finally been set. Not until December however, which isn't great but seeing that it was set immediately put my mind at rest a little. Her supporting statement for the NMO is full of absolute crap, but at least I can see what the battle lines are going to be for child arrangements, and prepare for it.
Beautifully ironic that on the same day I got served her NMO, she will have also got in the post my C100 with my supporting statement, which tears her arguments to shreds. Hope she has a great day.
Edited to add: The return hearing date for the NMO is on a date when I had arranged to be abroad with my other old children (from a previous relationship). I'm thinking it's not even worth contesting, definitely not worth missing out on the holiday with my kids. I might apply to vary based on the fact the judge didn't specify how many metres (which in theory could mean me being on this planet puts me in breach).
Yeah there's a return date. It would mean me cancelling a long-planned trip with my other older kids, and I want to have the quality time with them. Plus contesting it when I have a full CAO process to look forward to would mean unnecessary expense and effort.Is there a return date for the NMO? Are you going to contest it?
I agree with the restrictions made anyway, and was adhering to them already without need for an order.
What's your opinion?
Is this a notice of NMO hearing rather than the NMO itself? as you must be given the opportunity to accept or contest it, be careful with the wording. An NMO breach is an arrestable offence, not something to take lightly at all. She only has to say you have breached and you will get a knock on the door. So think like distance - mean something. If it is woolly it is more of a concern than if it is specific.
you would be mad to not turn up or accept it, if you accept it , it can be used against you in the CAO and in any case, you'll be living with the constant threat of arrest. You could ask the court to arrange another date.Yeah there's a return date. It would mean me cancelling a long-planned trip with my other older kids, and I want to have the quality time with them. Plus contesting it when I have a full CAO process to look forward to would mean unnecessary expense and effort.
I agree with the restrictions made anyway, and was adhering to them already without need for an order.
What's your opinion?
What would I contest though? I'm not going to spend thousands of pounds and months contesting the stuff in her statement, which will be the same she presents in the CAO process... The CAO process can't find what she's said in the NMO application as facts, because they haven't been found as facts, and the full fact finding that will likely happen in the CAO can cross-examine her and use evidence to dispute what she's saying.you would be mad to not turn up or accept it, if you accept it , it can be used against you in the CAO and in any case, you'll be living with the constant threat of arrest. You could ask the court to arrange another date.
As for the restrictions in the NMO, apart from getting the court to clarify "number of metres" (they forgot or omitted to put the number before "number of metres" in the wording, which I can surely correct with an application to vary), I'm happy to stick to the restrictions.
Has anyone experienced/seen where an NMO has had a definitive impact on the CAO? I will take legal advice but can't until next week, but if anyone has experience of this please let me know.
And is she has the NMO she will get legal aid for the CAO. If you contest and none of her allegations are found as fact, she will not get legal aid in the CAO proceedings and she cannot keep using the same allegations in the CAO proceedings to prevent you spending time with your child.
NMO is common, most people on here have been slapped with a court summons for a non molestation order. It's a tactic your ex will use to create legal obstacles or even prevent you seeing your children and create a narrative of domestic abuse which they can use to get legal aid.
You have 3 choices.
1. Accept it - but this can't be undone and the time limit can be long and even when expired they can be renewed easily. Breach it , you can be arrested it is a criminal offence enforcement of a civil order.
2. Contest it - but this does take time, is expensive and the NMO will usually be put in place whilst waiting for a hearing. It can take years to be heard. Your CAO will be on hold whilst awaiting the outcome of an NMO.
3. Negotiate an undertaking or cross undertaking at the first hearing , this would be without admitting the allegations and is time limited and it is not an arrestable offence to breach. If you breach , your ex would have to take you to court for contempt of court.
also , an undertaking cannot be renewed once expired
You have 3 choices.
1. Accept it - but this can't be undone and the time limit can be long and even when expired they can be renewed easily. Breach it , you can be arrested it is a criminal offence enforcement of a civil order.
2. Contest it - but this does take time, is expensive and the NMO will usually be put in place whilst waiting for a hearing. It can take years to be heard. Your CAO will be on hold whilst awaiting the outcome of an NMO.
3. Negotiate an undertaking or cross undertaking at the first hearing , this would be without admitting the allegations and is time limited and it is not an arrestable offence to breach. If you breach , your ex would have to take you to court for contempt of court.
also , an undertaking cannot be renewed once expired
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you dont need a solicitor or barrister for the first hearing, the barrister for your ex would seek you out at the court before the hearing to try to get you to agree an undertaking, in fact they will be very very very keen for you to, as the less evidence they have the more likely they will want an undertaking.
I've written about this on other threads, and you can hijack the hearing with a cross undertaking, which basically says she must cease to do the things that you are being accused of.
The best tactic is to state that the allegations are false , there is no evidence, and that the NMO application has an ulterior motive ( to control you and your access) and that the court should dismiss it. If that fails, accept the undertaking, but ensure you agree the wording very closely.
The best tactic is to state that the allegations are false , there is no evidence, and that the NMO application has an ulterior motive ( to control you and your access) and that the court should dismiss it. If that fails, accept the undertaking, but ensure you agree the wording very closely.
I'm going to apply to discharge the whole thing. It's a rubbish order:
1. It says I can contact the applicant re child arrangements, whereas prior to that she had "banned" me from contacting her about even child arrangements, insisting I go through a third party. So for an NMO it's actually giving me *more* freedom to contact her than I previously accepted.
2. The order states "the respondent must not go within number of metres of it / along the road known as" so effectively didn't create a zone at all by not stating the number of metres.
3. Whilst the ex's statement was full of background nonsense and false allegations, the only things she relied on that are recent/could be considered harassing were several emails I sent in April and one email I sent in June - which were all about child arrangements.
1. It says I can contact the applicant re child arrangements, whereas prior to that she had "banned" me from contacting her about even child arrangements, insisting I go through a third party. So for an NMO it's actually giving me *more* freedom to contact her than I previously accepted.
2. The order states "the respondent must not go within number of metres of it / along the road known as" so effectively didn't create a zone at all by not stating the number of metres.
3. Whilst the ex's statement was full of background nonsense and false allegations, the only things she relied on that are recent/could be considered harassing were several emails I sent in April and one email I sent in June - which were all about child arrangements.
Thank you.I've written about this on other threads, and you can hijack the hearing with a cross undertaking, which basically says she must cease to do the things that you are being accused of.
The best tactic is to state that the allegations are false , there is no evidence, and that the NMO application has an ulterior motive ( to control you and your access) and that the court should dismiss it. If that fails, accept the undertaking, but ensure you agree the wording very closely.