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Legal matters

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Restraining order

8 replies

helpconfused · 23/03/2018 13:05

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.

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. 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) 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?

OP posts:
backsackcraic · 23/03/2018 13:07

Personally I wouldn't. I would go through the court, he can't be trusted to be alone with your son.

MooseBeTimeForSnow · 23/03/2018 13:58

You need to check what your local contact centres offer. Most of the time it is “supported” contact - one or two workers overseeing a room full of families. It is very rarely one on one supervision.

riceandpeas123 · 25/03/2018 21:53

Several things come to mind when I read this...

Have you reported the breach of the order? How did he breach it?
Have you seen a copy? They quite often word them in a way that says "can't contact you save via solicitors to arrange contact" etc.

Contact family solicitors and tell them the circs - you may be entitled to legal aid given the conviction so they can go through things with you.

helpconfused · 25/03/2018 22:26

Hi
I reported the breach of the order at 8pm weds night. I was under the understanding they were sending someone that night, had also asked for a description of what he was wearing. I called again at 10pm, then again at 8:30am Thursday morning. Friday I had a call from police saying they would come
At 7pm, no one turned up. I stayed at a friends ina. Different town last night, low and behold missed a call from the police. They just called again now to say they might be out tonight. I'm so tired of this. What is the point in reporting something? Can't prove it now!

The order says he cannot enter the whole
Street and with regards to DS can request contact via an agreed third party (there is no one suitable) or solicitor via family court.

I have visited a solicitor for advice. They said if he takes him from somewhere I will have to ring police to get him back. Told me to cancel his passport. Leo said it wasn't necessary to apply for an order to keep him with me... Hmm

OP posts:
helpconfused · 25/03/2018 22:27

Sorry also no direct or indirect contact unless in regards to arranging contact then that's through an agreed third party or family court/solicitor

OP posts:
riceandpeas123 · 25/03/2018 22:53

Your statement would be evidence of a breach, so would potentially be enough to charge him anyway without some other kind of "proof". Very frustrating for you though, agreed. If they don't come, call 101 and ask to speak to the duty sergeant for the area quoting your crime ref. Explain the situation and how you feel they aren't protecting you adequately. Hopefully that will put a poker up them and get someone allocated.

helpconfused · 27/03/2018 12:13

They came last night, 5 days after the call. Said he will say no comment and then would go to court to try to prove the breach as no one saw him.
What a waste of time.

OP posts:
riceandpeas123 · 27/03/2018 20:14

I can see how frustrating that is - but he might admit the breach in interview. Failing that, not a complete waste to go to court as at least if convicted it's another mark on his record (and will show the courts how he has disregarded the order) and may give you scope to ask for the terms of the RO to be broader if that's what you want.

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