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TOPIC: Restraining Orders and Non Molestation Orders

Restraining Orders and Non Molestation Orders 3 weeks 22 hours ago #108531

  • Daddyup
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Hi all,

As I've mentioned in previous posts I was issued with a NMO and subsequently a Restraining Order.. I've never breached either however I thought I'd try to look into how many people breach them and what sentences have they received.

Below are links to the sentencing guidelines for breaching either and includes what are aggravating factors which can increase the sentence (breach in a domestic violence context increases the sentence and likelihood of a prison sentence) .

Anyone issued with one of these it is imperative you do not contact ex even to enquire about the kids.. Also to not ask ex to drop matters as this is an aggravating factor and will almost always lead to a prison sentence and loss of access to the kids..

These stats go up to 2016, if anyone can find more recent stats please add to this thread..

As in a lot of cases it does depend on whether your ex (protected person) reports you however this is not required, the police can prosecute without your exs support.

Hope this makes it clear to not breach an NMO or Restraining Order, if you are issued with one consider seeking legal advice so that you are clear on what you can and cannot do. Every order is different and can have different requirements.

The principle is also the same for any other orders based on Family Act legislation or Protection From Harassment. For serious breaches you will almost always be sentenced in the Crown Court as the Magistrates Courts Sentencing powers are not sufficient (they can only sentence upto 12 months in prison, a serious breach would be more than this).

Sentencing Guidelines




Hope this helps.


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