Talk

Advanced search

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Restraining order breach? Please help

(18 Posts)
LuisSuarezTeeth Sun 11-Aug-13 15:35:56

My ex has a 12 month restraining order preventing him from contacting me and my son directly or indirectly.

He has posted a public status about me on facebook which is lies. He does not use my name though. I blocked him on FB but this has got back to me via a third party. I checked and anyone can see his status.

I feel this is wrong and he is telling outright lies, but does it constitute a breach of the order?

Thanks for your help.

LuisSuarezTeeth Sun 11-Aug-13 19:14:01

Bump

NumTumDeDum Sun 11-Aug-13 19:21:56

When you say restraining order, is that a restraining order issued by a Magistrates Court following a conviction or a non moleststion order made under the provisions of the Family Law Act?

If it is the latter, then he will be prohibited from harassing you. Harassment such as you describe will come within that remit. Breach of a non molestation order is a criminal offence and the appropriate way to deal is to contact the police. First, secure your evidence - obtain a screen print of the facebook pages. Sometimes the police struggle to understand they can arrest for things that ordinarily would not be a crinal matter - such as this fb status. The breach itself is not the criminal act - the criminal act is on doing something the order bans him from doing. If your local police have a domestic violence unit you should speak to them.

LuisSuarezTeeth Sun 11-Aug-13 19:29:42

Thank you num

The restraining order was granted at time of sentencing. Haven't got paperwork yet, but I understand he got 12 months probation and a fine. I requested the RO because the police didn't.

So you think this is a breach?

LuisSuarezTeeth Sun 11-Aug-13 19:31:00

Ah, non molestation order was not sought - don't know why

LuisSuarezTeeth Sun 11-Aug-13 20:52:18

Sorry bump again. He has put more stuff on sad

AuntyPippaAndUncleHarry Sun 11-Aug-13 21:55:59

If it was made at time of sentencing then it sounds like a restraining order. You need to see exact terms of the order before you can judge whether what he has posted on fb could amount to a breach of the order. If he does not name you it sounds unlikely to me. Restraining order usually in place to protect you from violence.

LuisSuarezTeeth Sun 11-Aug-13 23:49:18

Ok, thank you AuntyPippa

Collaborate Mon 12-Aug-13 09:23:53

Check with the police. If they don't think that there's been a breach you should be able to get a non-molestation order to cover future posts (I got one for I client in identical circumstances a few months ago).

LuisSuarezTeeth Mon 12-Aug-13 09:34:15

Thank you - does my solicitor have to ask for the non molestation order?

Collaborate Mon 12-Aug-13 13:12:42

You apply to the county court for a non-molestation order. Legal aid is available.

LuisSuarezTeeth Mon 12-Aug-13 13:15:01

Spoke to CPS and police - they think it is indirect contact and therefore a breach. Going to make a statement this afternoon. Gulp.

What might happen to him?

Collaborate Mon 12-Aug-13 22:33:00

Depends on past behaviour, but it's the minor end of the scale. Could be fined, given a community based punishment, suspended sentence, or immediate custodial.

LuisSuarezTeeth Tue 13-Aug-13 22:54:52

Now 36 hours since I reported him. 5 calls later and no one can tell me anything. Am jumping in the air at every sound. Police assure me they are dealing with it.

mlp3282 Fri 12-May-17 12:58:43

Does anyone know how you go about reporting a breach of an Undertaking? It was a Non Molestation application but he agreed to an Undertaking and an Order. He has breached both on numerous occasions. Can I just write to the Court? It is nothing too serious but still breaches so I want to the Court to be aware as the final hearing is coming up in two weeks time and CAFCASS are involved and their report is due Monday.

Any help would be really appreciated.

mlp3282 Fri 12-May-17 13:00:25

Sorry that was posted in the wrong place!

mlp3282 Fri 12-May-17 13:00:38

Does anyone know how you go about reporting a breach of an Undertaking? It was a Non Molestation application but he agreed to an Undertaking and an Order. He has breached both on numerous occasions. Can I just write to the Court? It is nothing too serious but still breaches so I want to the Court to be aware as the final hearing is coming up in two weeks time and CAFCASS are involved and their report is due Monday.

Any help would be really appreciated.

Crispbutty Fri 12-May-17 13:03:33

I went straight to the police when my ex broke his restraining order. They then went to see him and warned him he would be arrested and charged if he did it again.

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now