Non Molestation advice Scotland - for a 16yo - us this possible? Where do I start?

[Legalquestionidontknow]

Hi, I won't go into all the awful ins and outs of things as it's been a bloody stressful time and there's been a lot.

Basic facts are that DD is 15, her ex is 16, he has been charged with domestic abuse. He has been bailed to stay away from her until the court date. There will potentially be harrassment and stalking charges too after some more statements are taken. The court date hasn't been set as yet.

I want to get a non molestation order as well, is this possible given the ages? How do I go about this? I have no clue where to start, I just want to protect my girl as much as I possibly can.

As he is currently on bail with stay away conditions then that has the same effect as a non mol order. If he is convicted then the court may issue a none. Mol order at the prosecution request.

If he breaches bail in any way shape or form in the meantime, then report it as the police should take him back to court for a breach of bail and get an order from the court.

Thank you, he can be in the same place as her currently (they are in the same educational setting), but isn't to approach her, talk to her, message her, try and pass messages through others etc.

I think I just want an extra layer of protection for my daughter. He has stated that the fact she got the police involved means she still cares, and I firmly believe he is a dangerous individual.

If a non mol is in place then the school will have to be stricter as well, at the moment there's a duty of care to them both (fully understand that) but their hands are tied to some degree. The school will have more power if a non molestation is in place? Or have I got that wrong.

I don’t think that a none mol order would increase her safety, as the conditions would be pretty much the same as the polices conditions.

Am not trying to discourage you and dont know the ins and outs.

A person who stalks and harasses is likely to breach his conditions sooner or later, unfortunately, so any slight infringement should be reported. The police can be pretty crap so you need to keep pushing if required.

What is the issue with the school exactly. Didn’t understand the duty of care bit. Are they declining to get involved?

They have said that because its a charge and not a conviction as yet they have a duty of care to my dd and her ex, so they can't outright ban him from, say, being in the canteen the same time as her etc until he is actually convicted. They are in some of the same classes currently, and they can't decide what to do about that (he is off until after the long weekend and they are going to get back to me on Friday about what will happen when he is back).

I do understand their position, but they have said that because his bail conditions state he just isn't to approach her/talk to her/make direct contact they can't stop him being in the same areas as her.

I thought if I could get a non mol stating he has to stay X distance from her then that would be safer for her. Maybe I'm just clutching at straws.

There have been some very alarming emails, conversations, texts etc from him under multiple accounts and I'm very worried about dd, at the minute I drop her off and pick her up and she is accompanied everywhere she goes, I just want to try and combat this school issue and I'm not sure what to do.

The school are incorrect. They have a safeguarding duty to your daughter which overrides the duty of care that they have to the boy.

Have you spoken to the safeguarding lead?

If so, and the answer was duty of care, you should go back to the police and speak to the victim liaison person who should have been allocated.

There should be a process in place, there should be a risk assessment process to determine if she is at a high risk, and if so there should be a multi agency conference referral which meets to deal with high risk cases.

The school safeguarding lead should go to that and a protection plan should be formulated.

I would phone womens Aid in Scotland to seek help and support as well

Or if you can afford it make an application to court to have him excluded from school. I dont know how successful you would be though.