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Legal matters

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ex partner pleaded not guilty to breach of non molestation order

7 replies

meandmyfour · 12/06/2014 10:51

he was charged with two counts of breaching the order and has denied them both. Released on bail to appear back in court in September. This is all so new to me. I'll have to appear as a witness and in the meantime he's not allowed to contact me. I'm just wondering what the likely outcome will be. We have four children together and no formalised agreement in place. Have avoided solicitors until now but now see that there is no alternative. I'm going to my first appointment with a solicitor next week.
I feel sad that it's come to this. He wants to see the children and I've never tried to stop him it's just that his way of communicating with me has become intolerable. I wondered if anyone knew what the likely outcome of court would be? Surely he's silly to plead not guilty - he clearly breached the order...

OP posts:
Collaborate · 12/06/2014 14:10

You don't need to see a solicitor for the breach proceedings. You may need to see one if he's serious about wanting contact. If you feel that some form of contact, either direct (un/supervised) or indirect is appropriate, then see a solicitor. If you're income is below a certain level then you may get legal aid.

If however you feel he should have no contact you need do nothing if he hasn't formally approach you for contact (will have to be by his solicitors for now to avoid breach of bail conditions).

meandmyfour · 12/06/2014 17:04

thank you. In the long term, I would like him to have contact with the children but it has to be formally arranged as I can't handle him disappearing, popping up and making demands about seeing them, he won't tell me where he's living and his way of communicating becomes bullying and intimidating. I'm trying to put my emotions aside and think of what's best for the children.

He is definitely serious about wanting contact so I think I'd better prepare myself!
Just wondered what the outcome of his next court appearance might be if he's pleading not guilty...

OP posts:
Spero · 12/06/2014 17:07

I agree you definitely should see a solicitor about the contact issue. His bullying and intimidating you will definitely have an impact on the children and if he does want to see them you are going to need arrangements that are secure and safe for you all.

It will now be called a 'child arrangements order' but I think you should still qualify for public funding if he is involved in criminal proceedings about breach of a non mol order.

Flexibilityiskey · 12/06/2014 17:11

If he is pleading not guilty it will go to a trial. How that goes will depend on what evidence there is against him. Are there any independent witnesses, CCTV etc that prove what he has done?

meandmyfour · 12/06/2014 18:15

I have a witness who saw that he turned up on my road when the order states he's not allowed to and I have all the text messages and calls...
it's the police that decided there was enough evidence to charge him. I (as always) was reluctant for things to go this far...it's out of my hands now, I guess.

OP posts:
Spero · 12/06/2014 18:21

There should not be a decision to charge unless the CPS think they have a pretty good chance of securing a conviction. And if there is an independent witness, doesn't look too good for him.

Flexibilityiskey · 12/06/2014 20:58

It doesn't sound like it will go well for him then. It sounds like it is likely he will be found guilty.

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