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I breached a non molestation order by sending msg on

Customer Question
facebook n phone JA: Are you...
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: 1 year ago.Category: UK Law
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Answered in 11 minutes by:
10/13/2016
Solicitor: Jo C., Barrister replied 1 year ago
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70,637
Experience: Over 5 years in practice.
Verified

How can I help with this please?

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Customer reply replied 1 year ago
Just wanted to know is this breach is serious
Solicitor: Jo C., Barrister replied 1 year ago

It depends. What are the circumstances.

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Customer reply replied 1 year 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
Solicitor: Jo C., Barrister replied 1 year ago

When was the order imposed?

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

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Customer reply replied 1 year 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
Solicitor: Jo C., Barrister replied 1 year ago

And when was that?

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Customer reply replied 1 year ago
Order was imposed on 16 july
Solicitor: Jo C., Barrister replied 1 year ago

OK. Is this the first breach?

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Customer reply replied 1 year ago
just by msg on phone and facebook
Solicitor: Jo C., Barrister replied 1 year ago

How many messages?

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Customer reply replied 1 year ago
3 to 4 msg can I still apply for contact order?
Solicitor: Jo C., Barrister replied 1 year 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

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Customer reply replied 1 year 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
Solicitor: Jo C., Barrister replied 1 year 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.

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Customer reply replied 1 year 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 reply replied 1 year ago
For removal which good grounds ?
Solicitor: Jo C., Barrister replied 1 year 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.

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Customer reply replied 1 year ago
Ok thanks. Do I need lawyer if breach is reported and will I be convicted?
Solicitor: Jo C., Barrister replied 1 year ago

Yes, you do need a lawyer.

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

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Customer reply replied 1 year ago
True or not meaning ?
Solicitor: Jo C., Barrister replied 1 year ago

Sorry?

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Customer reply replied 1 year ago
Breach is true or not what it means
Solicitor: Jo C., Barrister replied 1 year ago

I'm sorry but I don't understand?

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Customer reply replied 1 year 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
Solicitor: Jo C., Barrister replied 1 year ago

If the allegation is truthful.

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Customer reply replied 1 year 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
Solicitor: Jo C., Barrister replied 1 year 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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Jo C.
Jo C.
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