Restraining order

[helpconfused]

Posted elsewhere but not much traffic.
You are prob sick of my posts by now!

I wonder if anyone can advise...

ExP assaulted me whilst my son was in my arms. In my eyes this shows complete disregard for his wellbeing.

He entered a guilty at court to 'assault by beating', although is saying he didn't do it and I goaded him and wanted it to happen so I could get rid of him. That's what he is spinning to everyone who will listen. Was sent messages this morning by his sister to tell me all this and say I made most of it up.

Anyway, there is a two year restraining order in place regarding me. Nothing for my son. I want him to apply through family court and have supervised access in a contact centre, not just hand him over to an agreed 3rd party (there isn't anyone I agree on). His family are complaining about this and are saying I am punishing exP and DS just because I'm 'pissed off' with him.

Even though DS wasn't hurt (only because I held him so tight to me and didn't drop him) he was still involved as he was in my arms. ExP has had a psychiatric assessment and no mental health noted (I'm sure there is something underlying and think he only did this for court proceedings).

He had breached his bail and breached the restraining order now too.

Is there nothing more I can do to protect my son? Do I just have to let him see him when he asks?

I would relocate and start afresh, seriously if the police don't arrest etc he is going to do everything he can to destroy you...

What sort of connections does he have? Do you know how many woman are murdered by ex partners every week?

Sorry for what you're going through OP. If you don't qualify for legal aid try approaching local universities who offer law degrees - quite often they have pro bono units who will work on cases such as yours without it costing you as it gives them experience. They're well supervised and quite often more up to date!

There is a risk assessment process that the courts or CAFCASS go through with regards to deciding whether contact should go ahead or what form it should take when there is domestic violence between the parents, it sounds like this would be a good idea given the severity of the incident and your baby could have been directly harmed. You can make an application to the Court for a Child Arrangements Order (residence and spend time with) that would also formalise your residence arrangements. You do not need a solicitor to do this and can act as a litigant in person, some courts have services to asssist people representing themselves. On the other side, if a referral has been made to social services they may assist you with this to help you protect your child - and don't worry about malicious accusations from your ex, they get this a lot in domestic violence cases and given his conviction will be very questioning/ cautious of information from him.

If it says 'punishable by up to 5 years' that means there is a power of arrest attached to your non molestation order. Point this out to the police and let them know that if they don't arrest him you will inform the court that they are in breach of their duty by not fulfilling the terms of the order. Is there a dedicated domestic violence team at your county police HQ, they are the people you should be talking to.