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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?
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.
Can I assist or clarify anything further?
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.
Your very welcome.
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