Restraining order breach? Please help

[LuisSuarezTeeth]

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.

Bump

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.

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?

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

Sorry bump again. He has put more stuff on

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.

Ok, thank you AuntyPippa

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).

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

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

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?

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.

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.

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.

Sorry that was posted in the wrong place!

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.

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.