Advice for Protection, Safety & Barring orders

E

ed-209

New Member
Messages
3
Hi all,
We are all living at home in our own house. 1 kid.
There is no history of cheating or physical violence.
Spouse regularly claims domestic violence and makes threats about same - but is likely, actually the domestic violencer themselves..
Things having come to a head- I've set up a custody hearing which is coming up. We can't separate until the child's situation is clear; nobody will leave the home.

My spouse has made the kind gesture of applying for the above Orders against me in preparation for the court date. Only the Protection has been granted- I've been summonsed to answer the Safety & Barring applications (summons for same date as custody hearing). The Summonses were delivered with an "Information" sheet of ways in which I'm terrible. The "Information" sheet is riddled with nonsense, twisted facts and a little (demonstrable) perjury. I can defend myself easily.

My spouse is clearly angling to put me out of the home if they can trigger the Protection Order. I have just applied for the same Orders against my spouse to protect myself & child from that Protection order - a bit mad, but yes: mutually assured destruction is proven to keep peace. The "Information" sheet I submitted is wholly defensible.

My Question: Should I prepare & submit a written rebuttal to claims made in my spouse's "Information" sheet in advance for the hearing? I have heard that unchallenged "Information" is taken as fact. To whom is such a rebuttal submitted?

Thank you!
 
Absolutely, you must consult a solicitor.

I have heard that some solicitors advise their client to make allegations against their spouse to strengthen their case. I have no idea if that is widespread or not. Respectable solicitors would not do it. But that could be a factor here.

If they have made wild allegations and you can rebut them with evidence, then I imagine their strategy will backfire.

Brendan
 
You say "I can defend myself easily ".

Have you hard evidence for this that you can produce in court? Your sworn statement will not carry much weight if your partner's statement differs from yours.
 
Allen said:
You say "I can defend myself easily ".

Have you hard evidence for this that you can produce in court? Your sworn statement will not carry much weight if your partner's statement differs from yours.
Click to expand...
Hiya. Yes, I'm not too worried about defending myself against the accusations made in my spouse's Orders against me. I have hard evidence against the more reckless claims; whereas the rest can be neutralised with context, for which more evidence exists if needed.

What I have recently learned from FLAC, is that it's pointless preparing a 'rebuttal' document dealing with the spouse's accusations. That these can only be tackled with cross examination in the witness box. What I worry about - having watched TV once, is as to whether any evidence or material I intend to use should be shared with the other side before our court date?
 
You must log in or register to reply here.
Back
Top