- This topic has 15 replies, 6 voices, and was last updated 2 years, 9 months ago by
Twisted Sister.
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AuthorPosts
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12th June 2022 at 9:29 pm #145285
Twisted Sister
ParticipantPlease use this link below to visit the govt website to get access to non-mol and occupation orders, that have no court fees, there is help on how to complete the accompanying statement via a copy statement, and there is also a link to legal advice (something to do with CAB), but check whether that costs anything.
I didn’t have any help and was granted a non-mol immediately, no waiting, only for a time slot with the judge to review the application.
The link is HERE
(Detail removed by Moderator).
All the best to everyone xx ts
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15th June 2022 at 10:21 pm #145450
Scottish Thistle
ParticipantThank you for this Twisted Sister, the orders I currently have out on my ex I had to pay for it was all a bit of a blur to be honest but could have been solicitor fees I had to pay for my solicitor to process
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15th June 2022 at 10:29 pm #145451
Twisted Sister
Participanthi Scottish Thistle,
Yes, this is why I posted this, because having to pay solicitors can be enough to put many women off because of the cost involved, but its just a form to fill in, and you can do it for free, along with free assistance.
I’m glad you have your non-mol and hope it is making you safe now
warmest wishes
ts
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1st July 2022 at 11:23 pm #146325
Silenced
ParticipantHello. Thanks for posting this info twisted sister.
I just wondered if you could help a bit Futher (or anyone else)
I’m unclear what happens AFTER the application is submitted to the court.
I get there is a hearing.
But then what ?????
Does a judge decide IN the hearing with both parties present, whether the order is granted or refused, and let’s both parties know there and then in the hearing?
If an order IS granted. Does a judge issue some paperwork IN the hearing, setting out on paper what the perpetrator must agree to?
Do you and the perpetrator then have to sign paperwork IN the hearing agreeing to conditions?
I really don’t get the process, and I’m frustrated at myself as I don’t understand it.
I also changed my name , …does that mean the perpetrators will then see my new name on paperwork? As it defeats why I changed it for safety
Do you still not have to pay to have the application delivered to the perpetrators? Like servers fees or something?
(detail removed by Moderator)
It’s like a black cloud over my head I can’t shift as I don’t get the process.
Are they time limited?
Do I have to travel back to where I came from for a court hearing? Or can it be done over phone?I know this is waffly, but I’m unsure.
From
Silenced -
1st July 2022 at 11:27 pm #146326
Silenced
ParticipantHello again twisted sister
Where you say the judge ‘reviewed your application’ – wot did that involve? Did the judge just ask you to elaborate on your statement?
I assume yours was a without notice, as you said you got yours immediately.
I’m glad you got yours through.
Thanxx
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1st July 2022 at 11:51 pm #146334
Twisted Sister
ParticipantHi Silenced
I am sorry that you are suffering and had to go to such lengths to be safe.
When you follow the link it should set out the procedure, and also you can phone any court admin office for full clarification of anything you are unsure of.
but…yes, afaik there is a servers fee, or you can ask someone to serve it for you (but do check this as my information may be old).
You can do an standard application, which yes, the respondent(s) would have the opportunity to challenge via a court hearing, again, afaik.
You can do an ‘ex-parte’ so you call the court and ask for an audience with the judge to see your ex-parte application, you go on the day with your completed form (or fill it in there), together with your statement of incidents, and wait, the court may be able to give you a best time to come for this. It is then issued ‘without notice’ as you said.
You can check whether it comes with power of arrest, in which case it must be lodged with the police also, afaik, and whether it comes with an automatic right for them to contest, or whether they would have to start separate proceedings themself against you.
In terms of seeing the judge, yes, they would want to talk to you about your application and background to your statement of incidents, just to be sure of your grounds /need.
I am not sure how you would go about using a new name as they won’t know who this refers to, and then you’d be giving your name away too. you’d have to reference your old name somehow.
There are fairly standard things that will be included in a non-mol, like remaining a distance from the home, and not being abusive, not communicating, not going to your work, not using third parties to communicate or abuse, but you need to think about what suits you best in order to keep you safe, and obviously you wouldn’t want them to know your town, or name, so ask the judge about this, maybe your old name could be used? IDK. I’m not sure actually if you are allowed to use an old name, once you have changed it, and you would want your address redacted.
In terms of travelling to the area, this is something you could ask when you phone a family court office.
If they don’t currently know where you are, or your name, I would assume they have no means of contacting you or finding you, which would make a non-mol unnecessary, wouldn’t it?Have you read through the link thats in the original post, as there’s lot of information on there, and there is help available also for filling in the form and doing your statement.
Do keep posting and asking any other questions you have. I hope that I might have answered to a degree some of your questions.
warmest wishes
ts
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2nd July 2022 at 1:14 am #146336
Silenced
ParticipantHi TS
Just wanted to say thank you for replying, replying so quick ! And so detailed as I needed. Your reply is very helpful to me…I was so confused what to do before.
Youre link didn’t work before when I clicked …but I’ve tried it again now,and it does, and can see that info aswell
(detail removed by Moderator)
Ure right thought, I need to think long and hard what to ask for specifically ,so it benefits me best.
Best wishes, and THANKX !
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2nd July 2022 at 1:27 am #146337
Twisted Sister
Participant(detail removed by Moderator) You could ask if one could specify a distance from you, rather than an address maybe, but make sure your wordings are clear for exactly what you need, yes.
good luck, and I’m glad something helped. I hope you get safe.
warmest wishes
ts
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30th July 2022 at 10:28 pm #147805
Hereforhelp
ParticipantI am bumping this post up as some new ladies on here may find this useful ❤ stay safe 🙏
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30th July 2022 at 11:07 pm #147807
KIP.
Participant👍
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31st July 2022 at 7:28 am #147812
Bettertimesahead
ParticipantNCDV will support I helping you write a statement for a non moland occupation order. I was referred to them by police. It was in (detail removed by moderator) . I did a statement with ncdv over phone, they worded it for me , emailed it and told me how to submit to court.
Mine were granted as urgent then reviewed at a virtual hearing 6 weeks later. The orders do have to be served . The court has bailiffs but I paid a private firm due to backlog in court.it was £120
To renew I did myself , it’s a shorter form and I based it on my previous statement.The judge that granted mine actually advised me to renew before it runs out as it’s easier-
31st July 2022 at 6:45 pm #147832
Twisted Sister
ParticipantI’m glad you were helped so efficiently.
I was also referred to the NCDV, but they charge and claim it back through legal aid after doing all the checks to see if you qualify, which is why I put the link here as not everyone will have help through them, and will need to do it independently.
Thats great advise to pass on, about renewing it, based on previous statement. I certainly wasn’t aware of that, and the police didn’t give that advice, neither did the judge, so left us vulnerable, as I suspect for many women.
Thanks for sharing your experiences with us.
warmest wishes
ts
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31st July 2022 at 8:33 pm #147834
Bettertimesahead
ParticipantI didn’t get charged at all. They will only do initial one I believe, not a renewal but I’m sure I didn’t get charged. The website states it’s free for an emergency order? To be honest it was all a blur as police referred me and it was the first time I actually clicked what had been happening
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31st July 2022 at 9:53 pm #147840
Twisted Sister
ParticipantI recall clearly being asked about financial situation so they can claim Legal aid on my behalf to cover their costs, but yes, it should be free.
I don’t understand where they are making their money if they all work there for nothing? There has been legal aid for DA for some long time, but in more recent times I think some were struggling to get it, maybe they claimed it for you so it was seamless for you, you just got the order? IDK but I’m glad it worked so well for you.
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1st August 2022 at 5:49 am #147848
Bettertimesahead
ParticipantI did a statement over the phone on a booked timeslot. Within 24hrs or so they emailed the statement to me in the correct format for court. They gave me an email address for court and what to put in email. The address they gave was wrong court but I got the correct one. The initial orders were granted then I had to get papers served on him. That bit was tricky. Had to fill in bailiff risk assessment form too. (detail removed by Moderator) That’s when I paid a private company who were very efficient. They physically served the papers, emailed me evidence which I sent to court. At next hearing I was granted the orders for (detail removed by Moderator). I renewed them myself via court, similar process and they were granted for (detail removed by Moderator). Renewal form on government website. I now have a court issued restraining order.
(detail removed by Moderator) They were virtual but judge said I could leave camera off.-
7th August 2022 at 12:08 am #148144
Twisted Sister
Participantthats all super useful information for anyone else trying to go through this, thank you for writing it all down here. I’m glad you got your orders in place. There are a lot of differences between our processes, I did mine in minutes and it was issued by the court on the day I completed the form and applied, ex-parte, with no automatic right to respond.
Useful to see the differencs, but you also say that the renewal is available [free?] online?
ts
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