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Category: Law
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Experience:  Barrister at Self Employed Barrister
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I have breached a non-molestation order. The order bans me

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hi,
I have breached a non-molestation order. The order bans me from all contact with children but when I meet my children who are all under 14 I greet them and talk to them and say goodbye. This happened several times and I can't deny it. Besides there is clear evidence it happened.
My question is this: is it better to plead guilty now before the court hearing or wait just in case the judge decides that this breach is not a 'proper' breach and might dismiss the case.
regardsReef

If there is clear evidence then it is often much better to admit guilt at the earliest opportunity and present your explanation to the court.

Customer: replied 4 months ago.
I would have liked to say to the court that meeting my children after 9 months is not humanely possible not to greet them. Is there a chance this can be accepted by the judge?
Customer: replied 4 months ago.
any answers?
Customer: replied 4 months ago.
hello?

If it was an accident potentially yes - balancing the harm of ignoring them

Customer: replied 4 months ago.
it was not accidental and it happened 4 times.
Customer: replied 4 months ago.
if i plead guilty and include a statement that "after many months i missed my kids and i'm sure they missed me; it would be damaging to them if i ignored them."
would this change anything? for eg. would the judge dismiss the case despite my admission of guilt?

I am not sure that he would dismiss the case, but he may be more lenient if you were to admit the incidences and explain how they happened.

Customer: replied 4 months ago.
the case looks so ridiculous to me that i was not expecting the police to charge me.
if there is no chance that the judge dismiss the case then i better plead guilty and include a statement to explain why the breach happened. do you think this is my best course of action?
Customer: replied 4 months ago.
given that i have never had any contact with the police or the courts?

Yes that makes perfect sense. The key is to explain the circumstances and seek leniency.

Customer: replied 4 months ago.
Thanks.
I'd like to call you on a different issue related to a social worker who was suggested to me by the solicitor of the kids mother. I contacted her for the purpose of supervising the contact. After five weeks and no contact she made a damning report where she advises CAFCASS and the court that contact should not take place now or in the foreseeable future. It was a shock to me and I realised from her behaviour that there's a clear possibility she was a Trojan horse setup by my ex-wife's solicitors.
I'm now considering taking her to court for collusion and for causing further psychological damage to the kids.If you think the above makes sense I'll call you in an hour.

Can you please rate this answer first

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