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New Non Molestation Order whilst court order for child contact is already in place
#31
Should i mention in my position statement and in the court hearing on the 30th that I was interviewed by police 2 weeks after the NMO was issued and then released due to no evidence?

im sure the applicant would have all this info anyway and her sol might even bring it up and adding that my phone has been siezed and that its all pending investigation etc.

with the east london family court being so busy im not getting my hopes up in getting this NMO discharged anytime soon. they denied me the 7 day appeal due them being busy, hearings are backed up so much, add an extra 2 months on top what you would normally have in a city that isnt london.
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#32
I would definitey make a reference about the police call but in a way to your advantage...something on the lines of how this whole thing was fabricated and baseless allegations and interview with the police that has resulted in no findings/evidence. You can also say you are honourable and abide by all the rules and respected in the society and repeated police intervention due to false allegations will have impact on the ability to work and impact on the mental health.

I think your approach to next hearing should be to make judges feel (rightly too) that this is a slam dunk such that they are able to make the decision ( to discharge) on the day. For that you would need to put all the key pieces of information for judges to read and digest.

Also strongly recommend making position statement available for the court /judges 2-3 days before the hearing so that judges come prepared...You don't want them to read the statement on the day and somehow err on the side of the caution and ask for more hearings.
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#33
(07-26-2020, 07:12 PM)BirminghamUK Wrote: Should i mention in my position statement and in the court hearing on the 30th that I was interviewed by police 2 weeks after the NMO was issued and then released due to no evidence?

im sure the applicant would have all this info anyway and her sol might even bring it up and adding that my phone has been siezed and that its all pending investigation etc.

with the east london family court being so busy im not getting my hopes up in getting this NMO discharged anytime soon. they denied me the 7 day appeal due them being busy, hearings are backed up so much, add an extra 2 months on top what you would normally have in a city that isn
I thought you were released under investigation. They need time to download contents from your phone and see what texts and calls have happened. assess the evidence and then decide if to go to CPS or not to try and bring charges. its not over yet so in family court i would merely be saying you have been interviewed under caution and no charges have currently been brought against you. You like to state that you have not done anything untoward and you just want to see your children in a position statement.

Unfortunately on the 30th of july they are going to be very cautious until outcome is known. I would be finding out in meantime as you havent done anything wrong if video calls can continue. problem with contact with children is you live a very long distance from each other and things are very hostile at moment and theres a police investigation which is mainly seeing what is on your mobile phone. I would definitely be chasing up if they caught up with these people that are meant to be getting spoken to about criminal damage . its a longshot but ideal u want their phones taken and a connection between them and your ex partner hopefully with calls and texts between them
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#34
(07-26-2020, 07:30 PM)SeanS Wrote: I would definitey make a reference about the police call but in a way to your advantage...something on the lines of how this whole thing was fabricated and baseless allegations and interview with the police that has resulted in no findings/evidence. You can also say you are honourable and abide by all the rules and respected in the society and repeated police intervention due to false allegations will have impact on the ability to work and impact on the mental health.

I think your approach to next hearing should be to make judges feel (rightly too) that this is a slam dunk such that they are able to make the decision ( to discharge) on the day. For that you would need to put all the key pieces of information for judges to read and digest.

Also strongly recommend making position statement available for the court /judges 2-3 days before the hearing so that judges come prepared...You don't want them to read the statement on the day and somehow err on the side of the caution and ask for more hearings.

thanks sean, good shout, although i was reluctant to because the mere mention of police and questioning make me look and feel like a convict, never been arrested or interviewd before.!

Yes the court has requested the position statement 48 hours before the hearing, i'll be emailing it to them tomorrow the latest.

i still cant believe people can make multiple false allegations weeks or months apart while a NMO is in place. what the heck!

like lets get a NMO against him, as long as its active we'll get the police to hassle him again and again and again!

police have a duty to look into each enquiry as it comes in..... knowing the police these days they probably have no limit!
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#35
"Police questioning you" v/s "Police had a chat with you" about unsubstantiated allegation that resulted in no further action :-) subtle difference in the references that you make that sounds as though you are willing to co-operate in any investigation as you are law abiding. And as warwickshire pointed out earlier, just say you would want court to set aside the allegations so that you could have a proper relationship and care for your child.
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#36
With everything going on, I forgot to mention what the ex actually did. For the benefit of the forum I thought I should mention it.

This method is easily accessibly by anyone and it is shocking that people will do this.

so non mol issued 3rd July. Ex and her family stages the receipt of so called malicious text messages between themselves (sending texts from a non registered telephone no doubt). Ex calls and files a police report on 15th of July of a possible non mol breach. Based on this non mol alone, police take me in. I am still speechless that someone can file a non mol, literally two weeks later files a statement with the police. then the respondent in the non mol is brought in for questioning without any evidence pointing to them. This did come as a shock to me, a lot of stuff is coming out the family court is coming as a shock to me.

article from BBC from 2018 goes into a bit more detail, can't the courts do anything about it? i know we've been there before, the courts give the benefit of the doubt, better to safeguard in the first instance rather than reject an applicants request.

I wonder how many people are abusing this method? Surely there must be a way to stop people abusing this loophole.

bet you any money the evil family law sols promote this approach to their clients, because it is so easy to achieve thinking about it.

The applicant just needs to spend 30mins - 1 hour and they'll inconvenience the hell out of the other party.
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#37
Spiteful exes go to any extent, especially typically at a juncture you are in with the children access case/NMO...If you or the police or both be able to prove that the whole malicious text was staged, it would be no less than your trump card, both in terms of police investigation and children access case. You might want to get police to expedite the investigation and come to conclusion quickly in time for your NMO hearing.

Sadly exes use children and NMO as a tool to take revenge, from our part we would have to look at it objectively and i would even say try win this game of cat and mouse.
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#38
Had the hearing today.

- Her sol mentioned me being arrested and having my devices being siezed. I had to confirm to the judge that I was arrested, Interviewed, phone taken for investigation only, released due to no evidence, Investigation pending etc. By mentioning me being arrested, didn't that make me look bad. Throughout my life.. I've always had the perception that if you are arrested then you have to be guilty of something in order for that to happen. Guess you are going to tell me about so many wrongful arrests like in my case.

- More allegations regarding the purchase of guns and knives, these lot making a mockery of the family court. Someone has to stop them making these willy nilly allegations, when will these f##kers stop? Their solicitor and their firm is a load of boll##ks lacking ethics and morals just like the mother.

- The sol has requested to submit another witness statement on top of the position statement, buying them an extra 3 weeks. The judge ordered me to respond to their position statement, witness statement straight after and gave me 3 weeks to produce my witness statement.

- The judge also asked applicant to document up to ten allegations... I'm guessing scot schedule? This seems to be longer than what I went through last year in terms of allegations.

- The DRA is set to be in 7 weeks time and FFH 'timetabled'. I hope the police investigation is concluded by then. Judge said he will decide on that day if there should be a fact finding. Personally I think even if there is a fact finding, the applicant will drop the case on the day as all they'll have are text messages sent from a random phone number. Having caused so much inconvenience to me they still WIN, this is what they want, surely there has to be end to all this.

- Speaking to judge, judge confirmed all conditions in existing child arrangements order still needs to be adhered to and will adjust nmo recitals etc.

- NMO is still active I'm afraid and I don't like it. Hate being interviewed by police and the fact that the power to having that arranged lying with the misleading mother disgusts me. Should I expect to be called into the police station again?

- This seems very similar to the CAO court hearings. Fhdra, DRA, possible fact finding, final hearing, contested hearing. My CAO court hearing took 9 months from 1st hearing. Is it likely to be the same here?

- I've got a headache.

- I don't want to live a life where the police can repeatedly call me down to the station on 'suspicion of breaching a non mol and having no evidence to support.

That means wherever there is a non mol present, all respondents are more at the mercy of the applicant (rather than the police) in regards to being called to the station to be Interviewed and investigated despite evidence, at the drop of a hat. In terms of being charged and convicted well respondents are at the mercy of law enforcement.
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#39
I can relate to you as to how you perceive the dealing with the police as I as someone who never had to deal with them for 40 years of my life found myself given a tag of 'serial offender'. How does that sound when the court dismissed all the allegations including 'honour based violence' :-) At the time it felt like it is the worse thing that can happen, tell you what over the time I got the hang of the police, after 2 years or so they call me to say Ex said this/that, but they would also say they won't conduct any investigation ! Now that is a result. Sadly dirty ex'es always win the first round, but we would have to expose them slowly, for that we need to work with the system, understand them and use the right tactic, most of all be honest to yourself and children you are fighting for. Don't worry/feel bad about the arrests, judges know it doesn't mean anything, they only care about what came out of the arrest or investigations.

Another point I can't emphasise enough - The more unsubstantiated allegations Ex throw more the better ! trust me this will be to your advantage. It doesn't feel like it in the short term. The moment they get caught out lying in one allegations their credibility is gone in the wind. For example, if the allegations are about purchasing guns and knives etc, this case could have been quickly transferred to Civil court as opposed to Family, they haven't done that yet. That also explains why police are being too cautious taking the phone away from you. Your focus should be to find the closure to the police case and getting all the reports from them which would be your ammunition defending yourself.

Keeping child arrangements intact and adjusting non-Mol in my opinion is such a big win I can tell you that, as in my case, the CAFCASS even opposed any contact with children until the fact finding is done.

breathe easy, eat well sleep well. You will get thru it Smile
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#40
That's great advice SeanS ..... given freely by someone who has been through it before demonstrates just how valuble this site really is !
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