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TOPIC: Breach of Non Mol?

Breach of Non Mol? 1 month 3 weeks ago #108892

  • Dec
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I have a non molestation order to protect me from my ex.

The wording says "The respondant is forbidden to communicate in any sort of way with the application save through solicitors"

Lots more on there but that's the relevant part.

So today my child had contact with his mother, she turned up at the handover and I walked away with my child.

My ex partner then messaged my friend and said "will you talk some sense into Dec" all the content of the messages were aimed at me indirectly. Things like "he needs to comply with the order" "he knows what will happen if he dont" etc etc etc. Clearly all aimed at me.

Is this enough to be considered a breach? I dont want to get the police involved if its not but I certainly feel she was contacting me through my friend which is forbidden.

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Breach of Non Mol? 1 month 2 weeks ago #108893

It isnt enough to be considered a breach.

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Breach of Non Mol? 1 month 2 weeks ago #108907

Hi

It isn't enough based on what you've said is on the order. However, does the order say anything like no contact either directly or indirectly?

I was served with a non mol with the above wording and was specifically told both by a solicitor and a police officer that texting a third party and telling them to speak to my ex would be considered a breach, eg tell her..,,

However, I was informed that things are reviewed case by case and each potential breach is reviewed on its own merits. Eg if I text a third party saying tell ex my son has a fever and needs to be monitored, whilst this would be a breach (technically), common sense would be used and I would not be breached.

One thing they do advise those who have a non mol to protect them is where you are uncertain to seek advice and double check via the police. However keep in mind that it could lead to an arrest and that this is what you want..

If it doesn't have clearer wording then I'd go with Warwickshire. Although you can always double check with the police via non emergency number.

Hope this helps.

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Breach of Non Mol? 1 month 2 weeks ago #108909

Did you truly feel molested ? Did you step outside the terms of the contact order ? You are going to be parenting with this woman for years, Are you intending having her arrested each time she wishes to discuss your child ?

Take the high ground, be the wiser, smarter parent. For the sake of your children.

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