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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have a non molostation order againest my ex partner his girlfriend

Customer Question

I have a non molostation order againest my ex partner his girlfriend assaulted me the day he was served but the police said there was nothing they could do as there was no proof as to whether she acted under his 'orders' - it must of been a coincidence (I say sarcastically!)
He has now taken to calling social services making deflamitory accusations about me.
I feel this is another method he is using to harass me.
My question is could he bebbreaking the order by making unfounded allegations as I feel this is his latest tact to harass me.
With Regards
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

I'm really sorry but this does not amount to a breach of a non molestation order.

There has been case law called Waxman that has suggested that making reports of an either trivial or unfounded nature is capable of amounting to indirect contact and therefore potentially harassment but that case involved a person who had made literally thousands of allegations.

There isn't any evidence here that she acted at his direction so there is no breach.

Also, you have to prove that allegations are unfounded. Its one thing to show that an allegation is either disbelieved or wrong and another entirely to show that it is false.

I'm very sorry but these do not amount to breaches. A breach of an order not to contact, harass or pester is committed if a person makes contact or gets another person to do so. These are not breaches.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

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