false allegation of breach of non molestation ord

My son has had a non molestation order, residence order served on him stating false allegations of violence toward his ex. the child was only 2 weeks old at the time and is still only 6 weeks. Today the police came to arrest him on suspicion of breaching his non molestation order as his ex had said he had been harrassing her. Fortunately he was able to show the police the endless texts he has been recieving from her ever since the order was raised and was able to show them that although he has responded to the texts there was nothing threatening or intimidating and they found no case to answer and allowed him to go from the police station. Is there any legal action he take against her himself for false arrest? The police did state that they were going to see her and and give her "a stern talking to" for wasting their time but can he do more than this?

Sorry that no one answered this. (Unusual!)

But I'd be interested to know the answer.

you can go court and waste your time and money.

My x has placed a non mol order on me, and we have been separated for over six years. It only started when i wanted to have our little to take to my family all the false allegations started. I was arrested and now have not seen my kid for over 5 weeks.

Been to county court to have it set a side or varied and we even agreed undertakings and the judge throw us out and told us that we were in the wrong court. It was this court who get it.

The legal system is set up to distory familys and childrens lives.

If there was no order and solicitors involved we could have sorted some sort of contact.

Now i have hearing on in may to decided what to do next. my first hearing was on 16th march.

than after directions from the may hearing i will waite another two months for full hearing.

By this time my legal bill will be five thousand pounds and hers zero.

who is winner in all this solicitors.

my daughter loses, x loses as before i would buy all she needed and even for her personel.
things. I loses too.

i understand that some case dv are true. i have been treated as being guilty with out a trial. this is not fair and my child is suffering because some thinks that he can do this. its a numbers game for him. how does he know about human feelings.

The system is very sexist.

50/50 rights for both parents.

allegations must be proved before any action is taken.

women use the child as a torture tool.

good luck but the system is aainst us men

If you think non mol/occupation order is just an issue when children are involved or used against men I suggest you read Sera's thread here;


www.wikivorce.com/divorce/Divorce-Forum/...ccupation-Order.html

To give a woman's perspective, my stbx has a non-mol taken out on me due to what I can only describe as a tussle between us which he instigated with aggression and swearing as I caught him with his pants down. He actually hit me and pushed a car door into my pregnant stomach but made out I was banshee woman and he was an angel.

He called the police because he saw an opportunity to discredit me. I am now in limbo where I am waiting to see if the police will take action although I have made a counter-claim.

He added insult to injury by using the opportunity to take out a non-mol on me and in the same breath attempted to take the children from me. He didn't get that but the non - mol states that I have been violent for the 11 years we've been together and more rubbish. My consolation is that my solicitor got a copy of the police statement and compared with the court statement, well, let's just say it's two very different stories. I am almost hoping for the police to prosecute as really, he's in trouble - I also have photos of bruises made by his hands on my arms yet he claims not to have touched me at all.

In terms of our children aged 2 and 4, he has had unlimited access since leaving me to move in with his girlfriend (who he hsan't yet admitted to, not to me anyway)and has then over 6 nights out of 14. I have never stood in his way, against my better judgement, and have worked hard not to interfere in any way with the father/son relationship. As repayment, I have been verbally and physically attacked (totally out of characate for him) and had the children used against me as pawns in his games (refusing to allow me to speak to them, after 8 days away visiting my dying father he refuesd to allow me to see them because it was 'his' day etc. etc.). It is not just women who are capable of this kind of action.

I am sorry for the difficulties you are all having. I just wanted to show that it can, and does, happen the other way as well.

krislondon wrote:

you can go court and waste your time and money.

The system is very sexist.

allegations must be proved before any action is taken.

women use the child as a torture tool.

good luck but the system is aainst us men

Kris,

Your sexist view is natural when you have been fxxxx over by our ex's assisted by our noble legal profession...in time I hope you will have the clarity to see that women are also suffering. Indeed in the cases where a man is using the children as the tool you imply, it is still rather rare albeit growing at an alarming rate and such women have less clout, support, understanding, resolve and suchlike.

I respect it is hard not to personalise experience, I am guilty of it at times...but we are all humans first....gender second.

E

Mum - my husband has assaulted me and my children over the years in a minor way but escalated when he was having his affair and since the split - mostly, i bekieve because he wasn't coping with the stress and reacted instinctively. During one "tussle" i bit him and have told the police this. I have also admitted to making abusive phone calls months ago where i have called him and his tramp vile names. I have made no calls since hogmanay. He keeps threatening to have me charged. The policeman who has been dealing with my case says that should he make a complaint, he (the officer) has a section on the form where he can write background info and give his opinion. Faced with a huge pile of offences he says the procurator fiscal is likely to chuck any such complaint aside as timewasting as I am not a threat to my husband or his tramp of a lady friend. I still worry - but try to remember his words - he said - you are an intelligent woman - put yourself in the procurator fiscal's shoes. Now what would the English equivalent do - a man leaves his pregnant wife and there is a tussle - how much of a threat is she to him?