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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 4821
Experience:  Owner at James Bruce Solicitors
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How does one argue a case of breach of non-molestation

Customer Question

How does one argue a case of breach of non-molestation order
JA: Where is this? It matters because laws vary by location.
Customer: London, police have made a charge to magistrate court in London
JA: What steps have been taken so far?
Customer: looking for representation for the case in the court, what do you mean by steps taken so far?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The breach did happen but we believe there are extenuating circumstances to consider
Submitted: 20 days ago.
Category: Law
Expert:  james bruce replied 20 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Can I please ask you to give me some more detailed information regarding this matter so as to allow me to work with you and help resolve your enquiry.

What are the conditions of the order, what is the breach, and why do you think you can justify breaching a court imposed injunction?

Customer: replied 20 days ago.
My brother was in a toxic relationship. An initial order was granted to ex-partner in November of last year because of an alleged incident at his home, the police found there was no case for him to answer but advised both parties to avoid each. Notwithstanding they resumed their relationship. My brother attempted to end their relationship because they both wanted different things from the relationship. This led to another incident, which led to ex-partner applying for non-molestation order, my brother did not attend the hearing and order granted in his absence. After a period of no contact, my brother suspected his ex-partner had taken his passport without his consent and informed the police to ask her about this. Shortly after this my brother received call from his council housing that a report has been made against him smoking illegal drugs and having different women in his flat, putting his tenancy in jeopardy. The strain of this situation has led to depression and misguided actions on my brother's part. This led to breach of the order - he went to her house, knocked on her door and in desperation was pleading and trying to understand why his ex-partner was trying to destroy his life and his tenancy. There was no physical contact, the conversation lasted about 5 mins and he left. Shortly after that my brother was arrested and questioned. Unfortunately he denied that he had breached the order to the police but was bailed to appear at a later date on 3rd June. The police said that he will be charged and will have to go to court. So i have advised him to plead guilty to breaching the order and put himself at the mercy of the court as stress and depression had clouded his judgement. I would add that the allegations made to the housing are false and was made in revenge as my brother had initially accused her of having his passport.
Customer: replied 20 days ago.
I don't think he was right or justified to breach the order just to be clear, we are just looking for the best possible outcome with all things considered.
Expert:  james bruce replied 20 days ago.

He has no option but to plead guilty at court. He clearly breached the court order by going to her address. That is a direct violation of a court order and the court will treat that seriously as a direct refusal to follow a court imposed injunction. If it is his first breach then he is looking at a fine.

He can explain what happened as mitigation to the court, but it is not a defence.

He has no proof that it was her reporting that to the council, the council would not have told him who it was. It could well be her, but that is pure supposition and not really relevant to his breaching a court order.

He needs to explain why he did it, apologise and confirm he will not breach again. Then as explained he should get a fine for the first breach. If he does breach again, then he is looking at prison.

Expert:  james bruce replied 20 days ago.

Can I assist or clarify anything further?

Customer: replied 20 days ago.
Thank you James, how much do you think fine would be? Also would a letter to the court explaining his reasoning as you outlined be acceptable to the court? Am worried as by brother is not articulate and somewhat rambles, i would advice him to present a well thought letter admitting his guilt, presenting his mitigation argument and apologising to court with a promise never to breach again?
Expert:  james bruce replied 20 days ago.

I fully understand.

Yes a letter would be very helpfull, he can then either read it to the court so he sticks to the script or he can present it to the magistrates to read.

The charge is imprisonable as I have explained, although the first breach is normally a fine. However, he would be able to also use the duty solicitor at court who can assist him, represent him and read any prepared  statement to the court.

Customer: replied 20 days ago.
Thank you.
Expert:  james bruce replied 20 days ago.

Your very welcome.

Can I assist or clarify anything further?

Customer: replied 20 days ago.
No, you have been helpful James, cheers.
Expert:  james bruce replied 20 days ago.

Your very welcome.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.