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Non molestation order HELP - not guilty on going

4 replies

Wolves10 · 28/01/2020 15:40

My partner was arrested for a breach of a non molestation order back in October.. order taken out June last year.

The order was taken out based on lies and bitterness of his new relationship. He told the judge this in court but was happy to take the order as it stopped contact and therefore stopped her from turning up at our new home and ringing him abusing him.

In October (the order was taken out in June) she claimed he breached the order. I went to her mothers house to collect our stepson, I went alone and I went as the school had got involved due to contact issues and the family liaison officer had drawn up a contact agreement as her stopping contact due to him being in a new relationship was really affecting his school life and he was begging teachers for help to see his daddy.

To cut a long story short one week she decided she didn’t want to stick to the agreed arrangement anymore (no communication to us that she’d decided this) as we couldn’t have him extra days she’d requested out of the blue as we were on holiday. Anyway I turn up to collect my step son and the grandad answered and informed me he had been told he wasn’t allowed to let him go anymore.. we had a lengthy calm and friendly discussion about what to do and we both agreed it should go to court so this can no longer happen - he was on our side re the contact being stopped constantly was negative for child and would be only way to get her to stick to it but he couldn’t disobey her wishes.

As I left the house and estate I noticed 2 police cars turn up and thought nothing of it. After when back at home with my partner the police knocked the door and said he was under arrest for breaching a non mol? She claimed to the police she now lives at her mothers (never communicated to us and non mol is for her home address not grandparents which pick up was arranged to and from in meetings and she hasn’t updated us or order) I explained it was myself who went not my partner and it wasn’t her address I attended it was the handover property?

They didn’t care and despite her not being at the property they said the brother also said he was at the property and saw my partner? He agreed to go with the police and gave his statement as he had clear and solid evidence he was not at the home and was in shops local to our home (had card transactions etc). And as it wasn’t himself nor one of the address listed on the order surely it was fine? The police also admitted they saw me leave the estate and I was alone in car?

He was released under investigation and we have heard nothing since until around a week ago? They are asking me for a statement (they said they didn’t require one at the time) and they have contacted him for further questions? Does this have any chance of being convicted considering there is hard evidence he was not at the grandparents address from the card transactions, the police mans own statements, her parents statement which admits they didn’t see him at the property and I was alone?

Also the fact it was not the address on the non mol it was her parents but she is trying to claim she has since moved in? she was not present at the address she was in work and it was not my partner who was there it was just myself attempting to collect my step son as the agreement stated?!

Help please it seems so ridiculous!? I’m scared we’ll have to go to court and take time off work to give evidence etc .. we are both in professional jobs and I don’t want my workplace knowing about this it’s horrendous!

OP posts:
Wolves10 · 28/01/2020 15:45

Also worth adding that we have since been to court and got a child arrangement order.. we got an interim order between the two hearings which was 3 days mid week and leading up to it she rang off the child’s contact phone and said if we agreed to her arrangement of Friday Saturday Sunday instead of Monday Tuesday Wednesday she would drop the charges re the order and admit to the police the truth and that she asked her brother to make up the statement as her parents refused? Stupidly didn’t record this as was an out of the blue call we thought was our step son as was from his call. We obviously told her we wouldn’t be blackmailed re court and heard nothing since that was back in November and now we are been contacted her statements etc she clearly didn’t tell the police the real story...

OP posts:
prh47bridge · 28/01/2020 21:07

Without seeing the wording of the order it is impossible to say but if he definitely has not breached it and has solid evidence of that fact he will not be convicted. If what you have posted is the full story I would be surprised if it goes to court. It may be that they are asking you for a statement as they are considering taking action against your partner's ex.

Wolves10 · 28/01/2020 22:05

Perfect this is exactly what the duty solicitor said we were just concerned when they contacted last week they left voicemails with no contact number so just a waiting game now...

OP posts:
PanicAndRun · 28/01/2020 22:11

He can't be convicted if it even goes to court if he can show hard proof he wasn't anywhere near . I'd go and ask any of the shops if they still have CCTV from that day as extra reassurance. Hopefully he also kept the receipts.

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