Vexatious Claim by ex

[Morpheus9]

A couple of weeks ago I wrote on this board about making an order for sale of my property following a split with my ex partner Two days before I am due to file the paperwork at the county court. A process server turns up at my door handing me an injunction and a non molestation order based solely on a pack of lies
she is trying to use this in order to stop me forcing the sale. which states that I can be imprisoned if I go near the property Can I still file a Order for sale ?

[billybunny]

Presumably this Non-Mol was made ex-parte which means it was done without your knowledge. If it was there will generally be a "return date" where you will be able to go to Court and have your say. The Judge will then decide whether the Non-Mol continues (usually for a year) or not.

I would suggest that you take legal advice but I cant see any reason why you wouldnt still be able to apply for an Order for Sale. Injunction proceedings and ancillary relief (financial) are two separate matters

[Morpheus9]

Yes the return date is one month but doesn't this complicate matters as I have to file at he same court

[fredpuli47]

What are the terms of the injunction?

[Morpheus9]

Can't go to or occupy the property or send text/email/letters phone calls etc..

[tamborine]

File your Court papers....the magistrate will overturn the injunction for you to remove your property and order the property sale.

[fredpuli47]

Nothing in the terms of the injunction as described stops you filing papers. If she thinks or hopes that it will she is mistaken, nor does it, in itself, stop you getting an order for sale. She wouldn't require occupation of the property to stop molestation, even if her claim about that were true.You could be free to molest her if she lived in rented accommodation or in a lighthouse or a tent and then she'd have to get an injunction in terms relevant to that address (or none)

[Morpheus9]

Not sure whether this should be placed as a new thread:

But what is the law regarding false statements (that can be proven to be false) made on an affidavit as the basis of the non molestation order ? Can it be struck out , overturned should the evidence be presented on the day of the hearing or should it be sent to the judge prior to it.

[scoobyra]

Without wishing to Hijack your thread, I have a similar scenario where my ex has issued an ex parte nmo based on fictional/coincidental circumstances. We work in the same building altough in different offices next door but one. I could really do with some advice on getting it overturned. This followed a Police Waring for Harassment (again based soley on fictional/coincidental circumstances) which I have complied with impeccably. I risk being arrested if I'm so much as walking down the same corridor as her!!

[miah123]

we have a lot of experience with this order my partners ex threw him out hen immediayely got one of these . he text her to ask why she had told so many lies? he was arrested within hours and held for 2 days in a cell at the station he appeared in court on the sat to explain 1 ext message sent. he got a fine because he had no idea what the order was. everytime she saw him nearby in the car she had him arrested based on lies. he was arrested and cuffed at work for driving too close to the property the day before, which turned out to be within the limit imposed. people began to think he had molested someone because of the name of the order, and it basically wrecked his life! follow the law in every way.! we have since been to court and the judge deemed her a blatant liar. and the police have apologised and have since arrested her for harrassment!