Can I have some help please. (Warning some posts may be triggering)(9 Posts)
I can't go into too much detail, but years ago I was the victim of a serious and sustained sexual assault, I was also underage. He got convicted to quite a lengthy sentence, once inside he assaulted someone else and had 6 years added onto his sentence.
I've been contacted and told he will be released this April, when he does he wouldn't have served any time of the 6 years which has confused me.
My question is before has anyone been in this situation? Will I be granted a restraining order or non mol? Also will I be told where he is being released too? He's getting an early release serving the rest of the time on tag I think.
I have spoken to my Solicitor, he's looking into all the avenues for me, but just wanted to hear from someone who has been in this situation.
So sorry for the vagueness, I can't go into too much detail as the case made the news an don't want to out myself too much.
So sorry to hear what happened to you
I don't know much about restraining orders but in regards to a non-molestation order;
There are two types of non-mol - an ex-parte (without notice) application which is usually done in an emergency following an incident, I don't know if you'd qualify for one as he's still in prison just now. I've just had someone served with an emergency injunction and he wasn't made aware of it until the process server actually served it to him, at which point the order was enforce. However, there will be another hearing this week where he is able to contest it, if he doesn't contest then it's enforce for one year. I hope that makes sense.
But you should be able to get an on-notice application made without a recent incident. An on-notice application means that he is made aware of the application and has the chance to go to the initial court hearing when you make the application to the judge.
A civil injunction should carry a power of arrest, but generally has no impact on his life unless he breaches it. At which point he can be arrested and charged with breaching.
The NCDV are fantastic for advice on this - 0800 970 2070 24hr
Rights of Women are also really good, but their lines can take a while to get through to - Call 020 7251 8887 Tuesday 11am-1pm.
Also this is the link for the Women's Aid Survivors Forum - survivorsforum.womensaid.org.uk/ - some of the women there have likely been through similar and might be able to offer you some practical advice aswell. It's all anonymous.
As for where he's being released to - if he has been inside for quite some time (as I'm assuming he has been for what he did) and has living relatives I'd guess he'd be released to relatives address (mum, dad, sibling or something) or released to a halfway house or resettlement. I don't know much about those however, in my hometown we had a small estate that was purely settlement flats for those who've just left prison but I don't know if that's something done everywhere.
Sorry I can't help more...
This link explains it better than I do
Hope someone else comes along soon with some proper advice and help
Sorry to hear that someone I know had a similar experience abused by someone who was meant to protect all ( can't go into details ) this person and their family had to move and start over again and found out last year that the abuser was going to be released the family were given a lot of support and I'm almost certain that measures were put in place to stop the abuser from coming into contact with the family. Hopefully the victim support will be able to give you the answers you need.
Do you have contact with a probation victim liaison officer? I'm thinking that you might if you've been informed of his release. I don't think he would be released on tag because his offence would automatically exclude him from eligibility from this. He's probably being released at the half way point of his sentence as all determinate sentenced prisoners are. It sounds like the extra sentence for the assault in prison was sentenced to run concurrently, which is why he's not seeming to be serving extra time.
It should be standard that there's a licence condition not to contact you & probably an exclusion zone from where you live (the size of that exclusion zone might be a street, a town, a county - it's all looked at on a proportionate case by case basis). Unfortunately you won't be told where he's being released to, but you should be safeguarded by the additional licence conditions. Any breach of those would mean he's recalled to prison. He'll already have had to sign up to a sex offender order, which is another level of restriction & there might also already be some form of non-molestation order in place.
Apologies to sound a bit "factual". I'm just giving my knowledge as someone who works in the system. I totally understand it must be a horrible time for you. If you're not already doing so, please contact your local probation office & speak to victim liaison. They should be able to support you through this & help put some practical things in place for you.
Thanks so so much for that post. I prefer the factual replies so don't worry about that. I really do appreciate you taking the time to write all that.
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