Is this a breach on the non molestation order?

[DoctorDread]

Non mol served to physically and emotionally abysive ex partner on 12th November.

On 1st December and again on the 7th December Ex has mailed two items of malicious communications in the form of an 6 page letter and a ‘With Sympathy’ card. Although these items were mailed to my partner’s house, they have clearly been mailed with the intention of causing me distress, and alarm as he will know that my partner would have felt compelled to show me. I am now needing to return to my doctor to get help for the level of anxiety his continued contact is causing.

The letter, received on 7th December, was particularly distressing, due to the contents – Ex has decided to respond to the non molestation order (outside of the parameters set by court), by detailing what I can only take to be a character assassination of me. Full of lies and falsifications. Most distressing thing is that Ex appears to be planning to send these letters (or has sent them already?) to people known to me (but not to him) with the sole purpose of degrading, humiliating and damaging me, my reputation and my mental health. This includes people who have no relevance to this case and who have no idea of the order or its contents, nor the difficulties I have experienced. I cannot stress how utterly distraught this latest action has made me and it seems calculated to cause nothing but alarm, distress and anxiety on my part.

Ex has previously made a threat in emails to say things to people about me that I wouldn’t want them to hear (see attached) if I didn’t stop police action and it seems that in spite of the order and his subsequent police caution (also issued on 12th November for stalking and harassment), that he has made good his threat.

Ex did not serve me with a return witness statement nor did he attend the return hearing.

Does this constitute a breach of the non mol order? Court have said this: "'The court cannot give advice to a party. If the Applicant considers that the Order has been breached it is for her to take appropriate action.'"

But I'm not sure where that leaves me and what to do?

Yes. It is absolutely a breach.

I'll let someone else give the correct advice on what to do next.

I'm sorry you are facing such behaviour.

You will need to copy out verbatim the paragraph of the order you reckon he's breached.

Also, was he served personally with the order, and do you have proof of that? Was a copy of the order sent to the police?

He was served by email and the judge is satisfied he was served correctly. He also acknowledged receipt of service. Order is as follows:

itting at the Family Court at XXX
considered an application for an order and ordered that:
From and after the time when the respondent is made aware of the terms of this order whether by personal service or telephone or othenwise the respondent whether by himself or acting jointly with any other person is forbidden to:

1. use or threaten any violence towards the applicant;
2. threaten the applicant;
3. damage or attempt to damage or threaten to damage any property belonging to the applicant or jointly owned by the parties;
4. come within 100 metres of XXX or any other property at which he is aware that the applicant is living;
5. send any intimidating, threatening or abusive letter or text or voicemaii message or other communication to the applicant;
6. make any intimidating, threatening or abusive telephone call to the applicant;
7. communicate with the applicant whether by letter, telephone, text message or other means of communication except by ordinary post for the purpose of serving any evidence or application in court proceedings;
8. harass pester or molest the applicant;
9. instruct or encourage any other person to do anything which he is forbidden to do by this order.

I WOULD SUGGEST THAT his actions constitute harassment via the use of malicious communication? Is that a thing?

Ooh sorry about random caps!

Yes police were sent a copy of the order (although they've asked for a repeat copy about three times!)

Yes he has breached the order. Do you know is there a power of arrest attached to the order?

Either way, the police should be dealing with the breach.

Has he sent anything to you directly? The non Mol relates to contacting you, it doesn't mention any contact with you through a third party. If there is a power of arrest, ring the police for advice. If not, you will need to speak to a solicitor and take him back to court.

I would say it is covered by number 9, because the communication is getting to you because of his letter about you and if the letter suggests they take action by ending their friendship with you, then it fits.

You need to get proper legal advice.

I have thanks. He's escalated things now anyway so the police will now be arresting.

That's good news he will be arrested.

I would suggest it falls under 8 but it may be simpler for the police to bring a new charge of harassment if they are in any doubt.

Just s quick update. He's been arrested and charged with harassment and is on bail awaiting a court date.

How are things since he’s been bailed, @DoctorDread ?

Court date on 8th. Police have his phone and will trawl for more evidence if he pleads not guilty. Honestly just want him to leave me alone to get on with my life. He's nearly broken me several times over the past 3 years. I posted on here about him quite a lot but have now name changed as he has been stalking me on here too. Took me a long time to realise just how avusive and toxic he really is because I was convinced it was me. Here's to a calm and peaceful 2019 !

Well done for staying strong. It must be so frightening had to get an harrassment warning given to someone myself once and it was all so stressful, it really affects you... and your situation with it sounds much worse than mine. He sounds completely unhinged. I'm glad hes been charged

Well done. Keep going!