Possible breach of Non-Mol but messages are of stbx phone

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Hi, if anyone can help me or steer me in the right direction, I’d be grateful.

I am trying to exit from a controlling, emotionally and physically controlling abusive relationship which recently had spilled over into allegations of harm by stbx to my youngest child.

I have a non mol order and I think my stbx has breached it by messaging on WhatsApp to someone he knows. It’s talks about me in a very nasty way, says I’ve been abusing him etc. Talks about me dragging him to the family court where he felt he had no option to get a lawyer to protect him and the children (even though this was actually a non-mol and occupation order hearing to protect us from him!)

Amongst protection against violence, The order also says “ The Respondent must not post any comments, images, videos, film footage or statements about the Applicant in any social networking platforms or the internet and must not encourage any other person to do so and “The Respondent must not disclose, disseminate or publish any information about these proceedings concerning the Applicant by print, electronic form or on the internet and must not instruct or encourage or in anyway suggest that any other person should do so.”

Would WhatsApp be considered a social networking site or the internet?

I have seen the WhatsApp messages on his phone and photographed them with my phone. (He has not changed his code) would that be acceptable?

Just to explain, I realise looking at his phone is not ideal. My reasons are that he isn’t stable and without looking I wouldn’t get a window in what goes on in his head such as buying drugs to commit suicide etc.

If anyone could help that would be really kind, thank you.

Would WhatsApp be considered a social networking site or the internet?
Yes

But you may need to justify accessing his phone.

If he has a non mol order against him, how did you get hold of his phone? You may have shot yourself in the foot with this one.

It's a tricky one as what's ap is encrypted so he could explain he believed it was a private conversation to a friend where he disclosed abuse and asks for help.

Ps I don't believe that for a second but that's how he could explain it and it would be hard to get a conviction in my personal opinion

Thank you for your help. It’s just awful. We are really suffering with all the emotional abuse which isn’t covered by the non mol snd is so difficult to prove.
Yes that’s what I thought.
Unfortunately we are separated but living in the same house. He won’t leave because he doesn’t think he’s done anything. He has two convictions for assault, an allegation of harm against a child (not enough evidence proceed) a non mol order which hadn’t helped much as I was told by the police a week ago he used reasonable force. In his world it’s all part of my “calculated plan to get my hands on the children and a larger part of his salary” and the judge only ordered the non molestation order because I turned on the tears.
I’m desperate
The phone when it’s left is the only way I get a window into his mind. I never touched it before his mental breakdown and abuse.
Social services have moved me and the children to medium risk but I feel very vulnerable and want it to stop.

@DifficultBloodyWoman

Would WhatsApp be considered a social networking site or the internet? Yes

But you may need to justify accessing his phone.

I don't believe this is the case in law. Facebook, Twitter, Instagram and other social platforms are all designed to broadcast messages to a wide audience of friends, family, peers, colleagues and unknowns. The likes of WhatsApp, WeChat, Skype and iMessage are messaging apps built and used to communicate most commonly between two known individuals (and sometimes small groups).

You however, have I believe, most definitely broken the law by accessing his private messages without permission and actually lead to criminal charges against you. So even if they were a breach, your breaking the law, would probably on balance be dealt with more severely.
The only alternative, would be if the friend receiving the message chose to send you a screenshot.
Personally, I don't see this as a breach.

You aren’t entitled to “a window in what goes on in his head”; and if you discovered that he’d secretly been taking your phone and reading and photographing your private conversations, I expect you’d want that documented in your non-mol as evidence of his controlling and abusive behaviour, wouldn’t you? It’s unacceptable, and could potentially land you with criminal charges. Your solicitor is not going to be prepared to acknowledge anything you’ve obtained this way and would advise you to stop doing it immediately.