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Urgent - First NMO Hearing Tomorrow

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man.united332

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Hi,

my wife got me arrested three times last year on false accusation, was on bail, police didnt charge me on any occasion, on my last day of bail, i received nmo without notice from court, return hearing is tomorrow, ive already filled divorce, not interested to contact my stbx, but will be filling CAO and Financial soon, what should i do at the hearing tomorrow, give undertaking , accept the order on no admission basis or contest the nmo, my end goal is to achive 50-50 child custody and dont really care about this nmo but dont want to do anything which can harm my 50-50 custody later.

please advise.

Thanks
 
I was in your same position last week. You have choices, you can contest the NMO, but this can take months or years and in the mean time you may have an interim NMO on you, so you live with the fear of arrest. Or you can accept an undertaking, which is not an admission of guilt, it is a promise to the court not to do any of the listed prohibited actions, no power of arrest. Or you can do what I did. You can explain how flimsy the allegations are , explain that it is being used as a tactic and ask for a cross undertaking, where both parties are bound by the undertaking. Turn up at court with good robust proof that her allegations are false, they may well not look at them, but you'll have them with you. The "other side" will want to speak before the court session and come to an agreement, try not to let them jump in quick for an undertaking, use your chance to politely explain your case,, be calm, don't go on the attack, speak only when directed. That's my advice ( I'm not a solicitor and this opinion is my own and not legal advice). Do NOT give evidence away, or say more than you need to, otherwise you are giving the other side the chance to test the strength of your evidence and how they can undermine it. Mine tried to claim that the texts on my phone had been edited, so I argued, "fine,, so lets see them on your phone", they declined.
 
NewcastleBrownAle said:
whatever you do, don't accept the NMO, it would count against you and you can't change it later.
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do not accept the NMO even on " no admission basis" ?

What are the consequence of accepting nmo on my future CAO application .

my only evidence is that " you prove your allegations" or i am not guilty
 
firstly, if you accept it, you can be arrested at any time, with an undertaking, you cannot. If you accept the NMO, you can't accept on the basis of no admission and it would be used against you in any other proceedings. So - contest ( can take months/years and no guarantee of success and your CAO application will be on hold until it is complete), or undertaking, or cross undertaking. There is often evidence to refute where you don't expect - especially text conversation - does it fit with the allegations or conflict ?
 
i have been advised by a free consultation solicitor that if other party do not accept undertaking, court will accept the no admission NMO without consulting other party, and if contesting NMO means putting on hold of CAO then i better accept it, as cao is far more imp to me. i am trying to understand the impact of nmo on cao, i need to make an informed decision with respect to cao. thanks
 
if you accept the NMO, the police can arrest you at any time, if your ex claims you've broken the NMO ( even falsely). but with an undertaking, you can be bought back to court, but not arrested. If their case is not great, the ex's legal team will want to meet you to barter an undertaking before the court hearing. But I'm no legal expert or qualified, so the choice is yours.
 
man.united332 said:
thanks, let me see what happen tomorrow, the world has gone mad
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You will be nervous, anxious, angry, upset and uncertain. Try and stay calm, don't make rash decisions, if you need time to consider something, ask for it. Try and read the room, the judge will have read the statement from your ex beforehand, but won't have your perspective until you state it. If you have legal advice, listen to it, but the decisions are yours.
 
Have you got legal representation for tomorrow? That helps persuade the Judge that an undertaking is best. You need to be asking for a cross undertaking ideally (ie both parties doing an undertaking), and if you can't achieve that, offer an undertaking just for yourself.

You might even be able to turn up and ask for an adjournment saying you haven't had time to get a lawyer to represent you. Depending on how long you've known about this hearing date.
 
@man.united332 sorry to hear this is happening to you. It's so awful being arrested for something you didn't do, the humiliation and everything else that goes with it. It happened to me recently although no NMO.

It's a total disgrace that someone can get an innocent person arrested just by their words without any evidence to prove the allegations and no repercussions for them, and the fact they can keep on doing it. You are basically guilty until proven innocent! 😠
 
Never accept a false NM nor an undertaking.

She has already had you arrested for false allegations and a NM will give her ammunition to get you arrested more easier.
All she has to do is get one of her bitter friends to back her up and your jailed.
 
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am i supposed to email my statement to the court before the hearing, or just take a printout with me, hearing is in couple of hours today

should i offer i am happy for undertaking in my statement or just say that verbally in the court
 
man.united332 said:
am i supposed to email my statement to the court before the hearing, or just take a printout with me, hearing is in couple of hours today

should i offer i am happy for undertaking in my statement or just say that verbally in the court
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You can hand it in before to the Usher.
As for accepting an undertaking, why if you have done nothing wrong and she's lying?
 
Scotay said:
You can hand it in before to the Usher.
As for accepting an undertaking, why if you have done nothing wrong and she's lying?
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what is Usher?
someone said if you contest the nmo, you cant file C100 until nmo final hearing is sorted and it can take months or years, and i dont want to delay this.

if the whole objective of nmo is to avoid contact with my wife then i am fine with it as divorce is already in progress and i am looking forward to move on, plus if i accept on the basis of no admission then we can avoid further court hassle/stress, she got free solicitor and i dont.
 
man.united332 said:
what is Usher?
someone said if you contest the nmo, you cant file C100 until nmo final hearing is sorted and it can take months or years, and i dont want to delay this.

if the whole objective of nmo is to avoid contact with my wife then i am fine with it as divorce is already in progress and i am looking forward to move on, plus if i accept on the basis of no admission then we can avoid further court hassle/stress, she got free solicitor and i dont.
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The person running the court, will call out the names.

Why has your ex got a free lawyer for a NM application? Legal Aid would not cover an application like this.

Usually the push to frame you for a NM is because that will open up Legal Aid to her. Its a tactic by scumbag solicitors to get paid.
 
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man.united332 said:
i am more concerned the possible affect of accepting nmo on my future C100 application
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man.united332 said:
i think because she has used DA for false allegation on me, that has given her legal aid
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An allegation for DA doesn't give Legal Aid, unless you were convicted of something?

If the NM application is untrue refuse to accept it and tell the court its a tactic to scupper a CA hearing.
 
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