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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience:  Over 5 years in practice
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I have a restraint order on me which expires in three

Resolved Question:

I have a restraint order on me which expires in three months. The man who put it on me has been seeing me behind his g f back for eight years. Every now and again his mind games get too much and I go and tell her everything and he slapped a restraining order on me. But we have had sex bout ten times since then. (I have emailed him nearly every day in those two years since the restraining order) but to a fake email he gave me. I have also rung and text his real phone bout twenty times. Last Monday we had sex. He said we would go back to how things were. Tuesday he emailed me that we can't and deleted the email account I contact him on. I have now contacted him on Facebook. I'm worried I will get into real trouble now? He seems to be getting on well with her now and buying a house he won't want me throwing a spanner in works. He has put three protection from harassment on me in past and I smashed his window two years ago when I caught him on dating sites. I also have severe mental health issues and zero support. I'm terrifued I could go to prison I see in press people are jailed for one breach? I have breached about four hundred times? When I was arrested in October 2014 for breach harassment order even though he invited me to his house for sex the solicitor said his inviting me in is no defence ? I'm so scared. I have told the police six months ago we were seeing each other every couple months but they said they couldn't do anything unless he presses charges but I'm worried now he will he seems different. They and the hospital say he is sexually abusing me altho my GP says he thinks it's a bit strong and says it's just taking advantage cos I'm fragile and classed by police as vulnerable adult.
Submitted: 6 months ago.
Category: Law
Customer: replied 6 months ago.
Also if I contact him on October 21 this year ( one day after restraining order expires) will I be treated like with a clean slate or will bring all the history up?
Expert:  Jo C. replied 6 months ago.

So, in short, you have breached a restraining order?

Customer: replied 6 months ago.
Customer: replied 6 months ago.
I'm worried if he calls the police what I can expect?
Customer: replied 6 months ago.
Hello?
Expert:  Jo C. replied 6 months ago.

Is this the first breach?

How many times have you contacted him with no response?

Customer: replied 6 months ago.
Hundreds to a fake email he gave me
Customer: replied 6 months ago.
It will be first breach police know about if he tells them
Expert:  Jo C. replied 6 months ago.

Ok.

Are any of them abusive?

Customer: replied 6 months ago.
Not threatening him or anything I have lambasted his g f in the emails for being a gold digger etc whilst he treats me like a free prostiture but not threatening anyone.
Expert:  Jo C. replied 6 months ago.

The problem here is the volume of them.

They will almost certainly prosecute you.

Depending on your antecedence though I would expect a community order of some form.

It does get over the custodial hurdle but that wouldn't happen on a first offfence.

Can I clarify anything for you?

Jo

Customer: replied 6 months ago.
I have told him I check his house most nights to see if he is in. He played on that last time in court about it was no way to live his life worrying if I was outside but he seems less worried when I knock and he invites me in for ' fun?!' I was painted to be the bad guy. Why does he email me back if wanted no contact???!
Expert:  Jo C. replied 6 months ago.

Well, that is more threatening then.

Expert:  Jo C. replied 6 months ago.

That might mean that a custodial sentence is consiered.

Customer: replied 6 months ago.
Really?? Even though he invites me in. Sets up fake emails so we can stay in touch? They would send me to prison with all my mental health issues? Even though I visit my GP once a week BEGGING for help?
Customer: replied 6 months ago.
How long would I go to prison for? I'm terrified now
Expert:  Jo C. replied 6 months ago.

If there have been hundreds of messages then that is a risk.

It would only be very short.

Customer: replied 6 months ago.
Won't they care that he encourages me? Also will I go on a special wing cos of my mental health and my appearance I will be bullied?
Expert:  Jo C. replied 6 months ago.

There is case law that confirms that an encouraged breach is a breach nonetheless.

Expert:  Jo C. replied 6 months ago.

It is quite unlikely that mental health issues alone would lead to segregation.

Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience: Over 5 years in practice
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