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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33942
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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non molestation order breach

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hi i wonder if you can enlighten me. my wife and i are breaking up after being happily married for 11 years , she ended the relationship out of the blue on the eve of her 40th birthday. we were still living in the matrimonial home but things became more and more strained and i became convinced that an affair was responsible for her decision to end our marriage after finding several clues. one evening she had been continually goading me and i caught her recording the conversation so out of frustration i grabbed her phone to see what she was hiding. we had a row during which she attacked me and then got me arrested for abh the following day even though i never touched her. whilst attacking me in desperation to stop me seeing whatever was on her phone she bruised her thigh on a stair gate .i was arrested and interviewed but released without any charge. she then took out a non molestation and occupancy order using the crime reference number from the incident without my knowledge yet no crime had been committed.how can she do this?. since then she has been communicating with me both directly and through a third party about me seeing our daughter(who is not listed  in the order) and has since had me arrested again for breaching the order by me asking our daughters godmother if she could arrange that i could pick up my dog who has been my constant companion for ten years and who i have not seen for three months since the order was obtained . the same woman had engaged me in conversation the day before the alleged breach trying to mediate between my wife and i and asking me my plans .i told her that i intended to contest the order as i had done nothing wrong and the very next day after communicating by text with her she forwarded the texts to my wife who got me arrested. over a year ago without my knowledge she closed our joint accounts and moved them into one in her name only and because of the order i now cannot go to my house ,i cannot collect my clothes or work tools and i am homeless and unable to work effectively.basically she has shut my life down , there is nothing i can do and all this has been done because she cannot face me because of her affair which i have since found out has been taking place since christmas time last year. i now have to go to court to face a breach of the order and i am petrified, Im 40 years old and have no criminal record whatsoever and naturally i am worried what will happen to me because of this. the police were very sympathetic to my case, they could see clearly that i had been set up but the cps lawyer decided that a breach had taken place and I've been charged and released on bail to attend court. because i have no access to any of my information or finances I'm in a terrible position and do not know what to do. how do i even start to deal with this

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Did you contest the original Order?
How old is the child and what contact have you been having?
Have you started divorce proceedings?
Clare
Customer: replied 2 years ago.

Hi Claire. i went to the hearing about the original order and gave a statement of fact giving my side to my wifes points which were weak and mostly lies. because i didn't agree with anything that she put forward it was reffered to another court for trial but as yet i have heard nothing more. my daughter is seven years old and for the first month that the order was in place i had no contact whatsoever as i was too scared. i had read countless stories online by dads who have been in the same position whereby their wife has got them to breach the order while they are communicating about their children. my wife and i started to talk by text so i could see my daughter and i try to see her every week but this is now getting harder and harder and it is destroying me. i have not started divorce proceedings though at the hearing my wife said she has but as far as i know you now have to attend mediation first which i have started although this I'm informed also constitutes a breach, she also said there are mental health issues with me at the hearing which there are not.i am in court tomorrow about the breach and I'm terrified as i have no criminal history at all and have never been in court in my life, i have a legal aid solicitor as i have no access to anything, i couldn't even provide a copy of my tax bill to see if i qualify for legal aid .what can i do?, i feel like my life has been taken away from me yet i have not done anything to warrant this

Expert:  Clare replied 2 years ago.
Hi
What is the exact wording of the Order?
Clare
Customer: replied 2 years ago.

it says i can't . communicate with the applicant whether by letter ,telephone,text or other means except for the purpose of making arrangements for contact between respondent and daughter. she's duped me by talking about stuff other than my daughter such as child maintenance and stuff about the house. saying she's trying to raise my half of the equity etc and no doubt recording everything to use against me. my sister in law did exactly the same thing to her partner so she's being guided through the process. i am totally innocent and have not kept or recorded anything because I'm an honest man but its clear that everything that has taken place has been well planned. when i was arrested the only evidence given was the conversation between my daughters godmother and i about me asking to get my dog. will this be all I'm faced with at court or will she be able to use anything else she's recorded since the order was taken out?

Expert:  Clare replied 2 years ago.
Hi
Did you say that you have a solicitor?
Does your ex have a solicitor acting for her
Clare
Customer: replied 2 years ago.

i have a legal aid solicitor as i cannot get access to any of my own funds.she has a solicitor but i do not know if they will be acting for her. to be honest i just want it over, I'm too scared to have to go back to court again, its taken a huge toll on me personally and i don't want to have to see her at all

Expert:  Clare replied 2 years ago.
Hi
Which court do you have to go to?
Clare
Customer: replied 2 years ago.

to st albans mag

Expert:  Clare replied 2 years ago.
Hi
OK
In the family section?
Clare
Customer: replied 2 years ago.

as far as I'm aware clare

Expert:  Clare replied 2 years ago.
Hi
In that case I am a little surprised that you have been offered Legal Aid - what has your solicitor told you about that?
Clare
Customer: replied 2 years ago.

very little, i went to see the solicitors who supplied the duty solicitor when was arrested as it was at such short notice, I'm meeting him there in the morning. you know about as much as i do I'm afraid

Expert:  Clare replied 2 years ago.
Hi
That sounds like a Criminal matter - not a breach of an non molestation Order
have you got the paperwork and can you tell me what it says?
Clare
Customer: replied 2 years ago.

offence, breach of non molestation order . cent west herts dom vio mag

Expert:  Clare replied 2 years ago.
Hi
Thank you for that.
You can read more about the basis of this prosecution here
http://www.cps.gov.uk/legal/d_to_g/guidance_on_section_1_domestic_violence_crime_and_victims_act_2004/
I have to say that if the breach was as you outline there is a serious question mark about whether or not it is in the Public Interest to actually proceed with the prosecution.
In the mean time you need to write a letter to her solicitor to night (actually write three separate letters.
1. A letter asking for confirmation as to whether or not your ex intends to issue divorce proceedings; suggesting an immediate exchange of financial information and for a date when you can attend the property to collect your personal belongings and paperwork and your work tools.
2. A letter requesting the return of your dog
3. Asking for a firm offer of contact; indicating that in the absence of such an offer you suggest that the matter is dealt with using Shuttle mediation and making it plain that if this is refused you will apply to the court for a Child Arrangement Order.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33942
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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