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Jo C.
Jo C., Barrister
Category: UK Family Law
Satisfied Customers: 69992
Experience:  Over 5 years in practice.
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I have been granted a restraining order (non molestation

Customer Question

Hi I have been granted a restraining order (non molestation order) which prevents my ex from naming me directly or 'indirectly' on social media. The police believe indirectly means referring to me as 'her' 'she' 'their mum' etc where I believe indirectly means anything that is posted that could be aimed to do with me without naming names etc. Can u advise please?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Jo C. replied 1 year ago.

What would you like to know about this please?

I'm just about to travel home but I can pick up in about an hour if that is OK?

Customer: replied 1 year ago.
Yeah that's fine... Not a problem. I will write further in an hour. Thanks
Customer: replied 1 year ago.
I basically wish to know what courts mean by 'indirectly'? He is 'not to place remarks or comments relating to the applicant either directly or 'indirectly' on any social media forum including Facebook' my ex posts things relating to me and my past (sensitive information) but he doesn't name me directly however I know it is in relation to me or the divorce itself finances etc) the police say they can't act as they say it doesn't refer to me either directly or indirectly. They view indirectly as 'she' 'her' 'their mum' etc where I feel indirect is anything posted which he knows is in relation to me but not actually naming me as it were. For instance if I had being abused as a child, he would share quotes about child abuse as he would be aware it would be upsetting but not actually name or imply it was about me.
Expert:  Jo C. replied 1 year ago.

No, he can do that.

It isn't a very helpful condition really. One would have expected the court to define it better. Probably also the police are not very keen to expend resources on comments on Facebook and are using that as an excuse.

However, I am sorry but I have to agree with their view of this. Indirect means a reference to you and only you such as 'their mum'. I'm afraid that sharing quotes about child abuse is not indirectly contacting you. It might be a subject of relevance to you but that is not indirectly referring to you. He is entitled to full use of the internet.

It is really important to be careful what you report to the police and choose only the clearest breaches. It is possible now, following recent caselaw, for persons to sue their accuser if there are a large number of reports that do not merit the attention of the police. It doesn't require any particular change. Just make sure the reports that you make amount to the clearest breaches so that he cannot turn the whole thing around on you and argue that you are using the police to harass him.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
Hi thanks for clearing that up, I just needed clarification as to its meaning, also thanks for the information on the end regarding only reporting clear breeches. I wasn't aware of this. You've been a big help thank you
Expert:  Jo C. replied 1 year ago.

No. A lot of people aren't. If people report trivialities the whole thing can quite easily be turned around on you.

Of course, some women are using the police to harass their former partners so it is doubly important to ensure that you don't expose yourself to that allegation.

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