HR v TM

HR v TM

The applicant's evidence was clear, consistent, and corroborated by third-party and police evidence. The respondent failed to provide substantive evidence or rebuttal. The court found the applicant's allegations proven on the balance of probabilities, including physical assaults, controlling behaviour, and breaches of the Non-Molestation Order. The order should be continued for a further year.

Parties
Applicant: HR; Respondent: TM
Jurisdiction
England and Wales
Judgment Date
23 May 2024
Procedural Posture
Non Molestation Order (family Law Act Part Iv) / Final Hearing (fact Finding)
Outcome
Order continued and varied
Legal Topics
Non Molestation Orders, Domestic Abuse, Fact Finding Hearings, Burden of Proof, Witness Credibility
Family Law Non Molestation Orders Domestic Abuse Fact Finding Hearings Burden of Proof Witness Credibility

Case Brief

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Parties

HR

Applicant

TM

Respondent

Procedural Posture

Non Molestation Order (family Law Act Part Iv) / Final Hearing (fact Finding)

Legal Issues

  1. 1 Whether the respondent engaged in physical and verbal abuse against the applicant
  2. 2 Whether the respondent breached the interim Non-Molestation Order
  3. 3 Whether the Non-Molestation Order should be continued and on what terms

Ratio Decidendi

The applicant's evidence was clear, consistent, and corroborated by third-party and police evidence. The respondent failed to provide substantive evidence or rebuttal. The court found the applicant's allegations proven on the balance of probabilities, including physical assaults, controlling behaviour, and breaches of the Non-Molestation Order. The order should be continued for a further year.

Court Disposition

Order continued and varied

Orders

  • The Non-Molestation Order as varied will continue for a further year, expiring at 4 p.m. on 21 May 2025 unless otherwise varied.
  • Both parties are to refrain from disparaging one another in the presence of the child or discussing the matter with the child.