TRY ME!
Contesting Non Molestation Order
Summary
Contesting a non-molestation order involves applying to the court to have it discharged or varied. Compensation for the orders consequences is rare, but you can pursue a civil claim for malicious prosecution or abuse of process if you believe false claims were made. This requires proving the case was initiated without reasonable cause and with malice. Evidence from the non-molestation hearing can be valuable. Legal aid may be available for victims of domestic abuse, but eligibility depends on financial circumstances. Consider consulting a civil litigation lawyer for guidance on costs and the likelihood of success. Pro bono services and free consultations may also be options if legal aid is not available.Full Conversation
yes i have filed a contest. im due to do this with counsel helping me... so there is no way i can say she lied and get conpensation?
It's good to hear you have counsel assisting you. While it's uncommon to get compensation for the consequences of a non-molestation order, you can still present evidence to contest the order and highlight any false claims. Have you gathered all necessary evidence to support your case?
yes i have. it seems unfair this cost me money that she misslead the court to get this order in my absence and caused me so much stress and money
It's definitely frustrating. While compensation for the consequences of a non-molestation order is rare, you can discuss the possibility of a civil claim for damages with your counsel if you believe your ex-wife intentionally misled the court. This would be a separate legal action. Is there anything specific you need help with regarding your upcoming hearing?
what legal action would this be?
Case Rating: *
You could consider a civil claim for "malicious prosecution" or "abuse of process" if you believe your ex-wife intentionally misled the court.
- Malicious Prosecution: Requires proving the case was brought without reasonable and probable cause and was initiated with malice.
- Abuse of Process: Involves misuse of the legal system for an ulterior purpose.
Would you like more details on these claims?
You could consider a civil claim for "malicious prosecution" or "abuse of process" if you believe your ex-wife intentionally misled the court.
- Malicious Prosecution: Requires proving the case was brought without reasonable and probable cause and was initiated with malice.
- Abuse of Process: Involves misuse of the legal system for an ulterior purpose.
Would you like more details on these claims?
yes please. so she got me out the house to move her lover in.. she was having an affair... im getting divorced from her does this help the process and what do i need to do to help make a sucesful claim?
Case Rating: *
For a successful claim in malicious prosecution or abuse of process, you need to prove the following:
Malicious Prosecution:
- The case was initiated without reasonable and probable cause.
- It was initiated with malice.
- You suffered damage as a result.
Abuse of Process:
- The legal process was misused for an ulterior purpose.
- You suffered damage as a result.
Would you like guidance on how to gather more evidence for these claims?
For a successful claim in malicious prosecution or abuse of process, you need to prove the following:
Malicious Prosecution:
- The case was initiated without reasonable and probable cause.
- It was initiated with malice.
- You suffered damage as a result.
Abuse of Process:
- The legal process was misused for an ulterior purpose.
- You suffered damage as a result.
Would you like guidance on how to gather more evidence for these claims?
yes
Case Rating: *
For gathering evidence in malicious prosecution or abuse of process claims, consider the following:
- Document Everything: Keep a record of all interactions, communications, and legal documents.
- Witness Statements: Collect statements from any witnesses who can corroborate your story.
- Financial Records: Document any financial losses incurred due to the order.
- Legal Counsel: Work closely with your lawyer to ensure all evidence is properly presented.
Would you like any specific guidance on these points?
For gathering evidence in malicious prosecution or abuse of process claims, consider the following:
- Document Everything: Keep a record of all interactions, communications, and legal documents.
- Witness Statements: Collect statements from any witnesses who can corroborate your story.
- Financial Records: Document any financial losses incurred due to the order.
- Legal Counsel: Work closely with your lawyer to ensure all evidence is properly presented.
Would you like any specific guidance on these points?
would this be covered under family law
Case Rating: *
A non-molestation order and the related issues primarily fall under family law. However, pursuing a claim for malicious prosecution or abuse of process would typically be handled in civil court, rather than family court, as these are separate legal actions.
Would you like more specific information on either family law or the civil claims process?
A non-molestation order and the related issues primarily fall under family law. However, pursuing a claim for malicious prosecution or abuse of process would typically be handled in civil court, rather than family court, as these are separate legal actions.
Would you like more specific information on either family law or the civil claims process?
could i raise this during the non-molistation contention?
Case Rating: *
During the non-molestation contention, you can raise the issue of false claims and present your evidence. However, claims for malicious prosecution or abuse of process would typically be separate civil actions. It's essential to discuss these potential claims with your counsel to ensure the best strategy.
Would you like more specific guidance on presenting evidence during your non-molestation contention?
During the non-molestation contention, you can raise the issue of false claims and present your evidence. However, claims for malicious prosecution or abuse of process would typically be separate civil actions. It's essential to discuss these potential claims with your counsel to ensure the best strategy.
Would you like more specific guidance on presenting evidence during your non-molestation contention?
could i ask my council to raise this in a way to scare the applicant... i know in most law the scare factor plays a role
Case Rating: *
It's understandable to want to highlight the seriousness of false allegations. However, it's best to focus on presenting solid evidence rather than using intimidation tactics. Courts look for facts and solid proof. Have you discussed your strategy with your counsel?
It's understandable to want to highlight the seriousness of false allegations. However, it's best to focus on presenting solid evidence rather than using intimidation tactics. Courts look for facts and solid proof. Have you discussed your strategy with your counsel?
not yet
Case Rating: *
It's great that you have counsel to assist you. For a successful strategy, ensure you discuss all the evidence and the best approach with your lawyer. They can advise on the most effective way to present your case. If you need more specific guidance on family law or civil claims, feel free to ask!
It's great that you have counsel to assist you. For a successful strategy, ensure you discuss all the evidence and the best approach with your lawyer. They can advise on the most effective way to present your case. If you need more specific guidance on family law or civil claims, feel free to ask!
so after this is over i would have to make a claim to a seperate court?
Case Rating: *
Yes, if you decide to pursue a claim for malicious prosecution or abuse of process, it would be a separate civil action in a different court. It's crucial to discuss this with your counsel to ensure you follow the proper legal procedures.
Would you like more information on how to proceed with a civil claim after your non-molestation order hearing?
Yes, if you decide to pursue a claim for malicious prosecution or abuse of process, it would be a separate civil action in a different court. It's crucial to discuss this with your counsel to ensure you follow the proper legal procedures.
Would you like more information on how to proceed with a civil claim after your non-molestation order hearing?
what lawyer would i need for this and would anything found in the non-mol court case be useful? i mean should i try and get my council to get something that can be carried over such as cross examine the applicant and get them to admit to lying or to not telling the truth?
Case Rating: *
You would need a civil litigation lawyer to handle a claim for malicious prosecution or abuse of process. Evidence from the non-molestation hearing can be valuable, especially if you can obtain admissions of false claims. Discuss with your counsel about cross-examining the applicant effectively.
Would you like more information on choosing a civil litigation lawyer?
You would need a civil litigation lawyer to handle a claim for malicious prosecution or abuse of process. Evidence from the non-molestation hearing can be valuable, especially if you can obtain admissions of false claims. Discuss with your counsel about cross-examining the applicant effectively.
Would you like more information on choosing a civil litigation lawyer?
yes and how much money would be a rough estimate i be looking at?
Case Rating: *
Legal fees can vary widely based on the complexity of the case, the lawyer's experience, and other factors. For a civil litigation lawyer in England, you might expect to pay between £* to £* per hour. Some lawyers offer fixed fees for certain services or may work on a no win, no fee basis.
Would you like more specific information on finding the right civil litigation lawyer for your case?
Legal fees can vary widely based on the complexity of the case, the lawyer's experience, and other factors. For a civil litigation lawyer in England, you might expect to pay between £* to £* per hour. Some lawyers offer fixed fees for certain services or may work on a no win, no fee basis.
Would you like more specific information on finding the right civil litigation lawyer for your case?
so roughly how much would it cost for me to sue my exwife after this for compensation all in all? rough ball park?
Case Rating: *
It's difficult to provide an exact cost, but pursuing a civil claim for malicious prosecution or abuse of process can be expensive. You might need to budget anywhere from £*,* to £*,* or more, considering legal fees, court costs, and other expenses. Discuss with a civil litigation lawyer to get a more accurate estimate based on your specific case.
It's difficult to provide an exact cost, but pursuing a civil claim for malicious prosecution or abuse of process can be expensive. You might need to budget anywhere from £*,* to £*,* or more, considering legal fees, court costs, and other expenses. Discuss with a civil litigation lawyer to get a more accurate estimate based on your specific case.
i would not get legal aid in the uk? even as a victim of domestic abuse?
Case Rating: *
Legal aid in the UK can be available for victims of domestic abuse, but eligibility depends on your financial situation and the specifics of your case. It's best to check with local legal aid providers or consult your counsel to see if you qualify.
Would you like more details on how to apply for legal aid?
Legal aid in the UK can be available for victims of domestic abuse, but eligibility depends on your financial situation and the specifics of your case. It's best to check with local legal aid providers or consult your counsel to see if you qualify.
Would you like more details on how to apply for legal aid?
for litigation?
Case Rating: *
While it's unlikely to get compensation for the consequences of a non-molestation order, you can pursue a civil claim for malicious prosecution or abuse of process if you believe your ex-wife intentionally misled the court.
To further assist you, here are some steps to consider:
- Gather Evidence: Document everything, collect witness statements, and keep financial records.
- Consult a Civil Litigation Lawyer: They can help you understand the costs and likelihood of success.
Would you like more specific details on finding a civil litigation lawyer and the steps involved in pursuing a civil claim?
While it's unlikely to get compensation for the consequences of a non-molestation order, you can pursue a civil claim for malicious prosecution or abuse of process if you believe your ex-wife intentionally misled the court.
To further assist you, here are some steps to consider:
- Gather Evidence: Document everything, collect witness statements, and keep financial records.
- Consult a Civil Litigation Lawyer: They can help you understand the costs and likelihood of success.
Would you like more specific details on finding a civil litigation lawyer and the steps involved in pursuing a civil claim?
so basically i dont have * pounds and i wont get legal aid so she gets away with it?
Case Rating: *
It can be very frustrating to feel like you have no recourse. Here are a few steps you can take:
- Legal Aid: Check with local legal aid providers to confirm if you are eligible. Sometimes exceptions can be made.
- Pro Bono Services: Look for pro bono (free) legal services provided by various organizations.
- Consultation: Some lawyers offer free initial consultations which might give you more detailed options.
Would you like more information on pro bono legal services?
It can be very frustrating to feel like you have no recourse. Here are a few steps you can take:
- Legal Aid: Check with local legal aid providers to confirm if you are eligible. Sometimes exceptions can be made.
- Pro Bono Services: Look for pro bono (free) legal services provided by various organizations.
- Consultation: Some lawyers offer free initial consultations which might give you more detailed options.
Would you like more information on pro bono legal services?
Start a new chat