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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69889
Experience:  Over 5 years in practice.
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I breached a non molestation order by sending msg on

Customer Question

i breached a non molestation order by sending msg on facebook n phone
JA: Are you in the UK or are you in the States?
Customer: uk
JA: What action has been taken so far? What's your ideal outcome?
Customer: no action till now but might be they take for breaching the non molestation order
JA: Anything else you want the lawyer to know before I connect you?
Customer: thts it
Submitted: 6 months ago.
Category: UK Law
Expert:  Jo C. replied 6 months ago.

How can I help with this please?

Customer: replied 6 months ago.
Just wanted to know is this breach is serious
Expert:  Jo C. replied 6 months ago.

It depends. What are the circumstances.

Customer: replied 6 months ago.
i just asked her to be friends so that we can talk about our son with whom i can t communicate for 1 year
Expert:  Jo C. replied 6 months ago.

When was the order imposed?

Why don\t you just get a contact order in relation to your son?

Customer: replied 6 months ago.
Order was imposed due to domestic violence and sexual abuse and child abuse. Which all are fraud but I didn't went to court hearing so order was imposed
Expert:  Jo C. replied 6 months ago.

And when was that?

Customer: replied 6 months ago.
Order was imposed on 16 july
Expert:  Jo C. replied 6 months ago.

OK. Is this the first breach?

Customer: replied 6 months ago.
just by msg on phone and facebook
Expert:  Jo C. replied 6 months ago.

How many messages?

Customer: replied 6 months ago.
3 to 4 msg can I still apply for contact order?
Expert:  Jo C. replied 6 months ago.

I don't do family. On the face of it, there would be a case for a contact order.

In terms of the breaches though, clearly she will use them against you as her game will be to obstruct contact with the child.

They are not the most serious but you are in breach of a court order and that is the problem.

I haven't seen these messages and that is something that can make all the difference. However, if they are non threatening then I would expect a fine.

Get a contact order for the child. Don't just behave as though the order isn't there.

Can I clarify anything for you?

Jo

Customer: replied 6 months ago.
please if you dnt mind....can I appeal against non molestation order as I was not present on the hearing. As I was on bail condition but later found she dropped the case
Expert:  Jo C. replied 6 months ago.

No.

You would have been able to do that if you had attended the date that would have been set down for full consideration but that will be long past now.

You could apply for removal of the order but you will need to show good grounds. The court also won't be all that impressed that you didn't attend the date in question.

Customer: replied 6 months ago.
I was on bail and already told that I can't go near to her and home. So I just preferred to stay away.
Customer: replied 6 months ago.
For removal which good grounds ?
Expert:  Jo C. replied 6 months ago.

Well, it probably won't happen here just because you didn't attend the hearing.

The time for removal is not usually four months after the order was imposed.

If you dispute the allegations then you can rely on that but whether or not that would succeed now is another matter.

Customer: replied 6 months ago.
Ok thanks. Do I need lawyer if breach is reported and will I be convicted?
Expert:  Jo C. replied 6 months ago.

Yes, you do need a lawyer.

You won't necessarily be convicted. It depends if the breach is true or not.

Customer: replied 6 months ago.
True or not meaning ?
Expert:  Jo C. replied 6 months ago.

Sorry?

Customer: replied 6 months ago.
Breach is true or not what it means
Expert:  Jo C. replied 6 months ago.

I'm sorry but I don't understand?

Customer: replied 6 months ago.
as u said
You won't necessarily be convicted. It depends if the breach is true or not.
so i just asked what true or not means in your context
Expert:  Jo C. replied 6 months ago.

If the allegation is truthful.

Customer: replied 6 months ago.
but as i already said i breached so its truthful....but only with this msg.......can we just talk like friends for our kids future as I dnt want him to grow without father.....so just asking you what should i do if they charge me with breach now
Expert:  Jo C. replied 6 months ago.

I think I've really covered this already.

If the allegation cannot be denied you would have to plead guilty.

I'm happy to continue with this but please rate my answer.

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