Undertakings in place of Non-Molestation Order?

nezza

I have applied for a Non-Molestation Order against my ex-partner.

We've had the initial hearing and she has asked for me to consider accepting Undertakings instead of pursing the NMO.

We've now agreed on the terms of the Undertaking and I am happy for us to proceed on this basis.

We have the final hearing booked for the end of August, but I would like to wrap this up before then, but don't know the procedure for the submission of the Undertakings and if that can be done ahead of the final hearing & if so, am I able to withdraw the application for the NMO based on the acceptance of the Undertakiings?

I've tried contacting the Family Support section of my Court, but they never seem to pick-up the phone & take absolutely ages to respond to Emails unless they are marked URGENT.

Any ideas how this works???

Cheers,
Nez

T.T.D

For clarity how have you conducted the Undertaking? 

Formal undertakings sealed by the court come with serious penalty if EITHER party contravene it if your undertaking contains anything you both agree to abstain from doing an act, within the contents of the undertaking. court can impose a prison sentence if the breach is serious enough although a fine most common. 

Would you like to elaborate on what has gone on? 

It’s ok if not. 

nezza

T.T.D said:

For clarity how have you conducted the Undertaking? 

Formal undertakings sealed by the court come with serious penalty if EITHER party contravene it if your undertaking contains anything you both agree to abstain from doing an act, within the contents of the undertaking. court can impose a prison sentence if the breach is serious enough although a fine most common. 

Would you like to elaborate on what has gone on? 

It’s ok if not. 

I applied for the order as she was sending abusive messages & making false allegations about me. She has also harassed me at work. I've since learnt that she has also spoken to a close friend of mine & made the allegations about me to him.

At the initial hearing, she offered the Undertakings, which after negotiation with her in the meeting, also includes her not discussing me with my friends and family.

I'm happy to proceed with these Undertakings, but obviously, I want them imposed by the Court.

T.T.D

This is in no way construed as legal advice but merely my opinion.
You may wish to seek legal representation. 

Undertakings carry no power of arrest, this is something in which you may want to consider if she breaches this undertaking it’s down to you at your cost to enforce through the court a contempt of court proceedings. It must be clear, concise, and worded intentionally of what she can and cannot do or you leave loop holes for any future proceedings to fail. 

Prevention of harassment act 1997:

A non mol made under this act (which you have done) can include powers for police to arrest your ex criminally on the spot (say she turns up at work), Your non mol may also include barring any malicious communications. And limit stalking behaviours by barring her from attending your work spaces. The CPS have the option of prosecuting 

Do you trust her to hold a promise?

 

nezza

Thanks, I'll have to consider this more thoroughly.

TBagpuss

If you decide to proceed then you can send the draft undertakings to the court and ask that the hearing is shortened - 

It's usual for a court to explain to the person giving undertakings the effect of them and I would expect a court to want to do this, especially if she is not legally represented, but if you write to say that she is offering undertakings and you are willing to accept, you can probably get the hearing shortened from 1 days 9or however long it is) to an hour. 

You could try sending a draft order with undertakings to the court to approve ahead of the hearing you have listed but the court may be unwilling to deal with it without you both attending , if you are not represented. 

It's true that if you have an order rather than undertakings it may be possible for her to be arrested although  it is not automatic and you might still need to apply to enforce if it is an order. 

HampshireH

Just be careful 


You asked her before not to do these things...... Yet she continued to the point you have had to go to court.

Now she says "No problem IL be a good girl now and leave you alone"

Why? What's changed? Isn't this just a further attempt to dissuade you from actually taking action of which there will be consequences if she continues 

It will just delay proceedings of she doesn't do as she says. And you will have to spend more time and money going back to court.

Sounds like she is still in control

TBagpuss

Undertakings are different to a simple agreement between individuals. They are binding promises made to a court, and breaking them is a contempt of court for which a court can impose penalties including imprisonment.
They are a fairly common way of resolving injunction proceedings where violence is not involved.