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A criminal prosecution for harassment can only happen once a court order is in place and has been breached... so still confused!
Hopefully you will be heard and the right decision made. Once that is over it would be advisable to start an application for contact. It’s usual to attempt mediation forst, but your ex’s hostility makes that inappropriate.
Best of luck
A criminal prosecution for harassment can only happen once a court order is in place and has been breached... so still confused!
Best of luck
This isn't accurate. I was prosecuted for harassment. There was no court order in place - I was simply texting asking to see my children. This was deemed harassment by the police but fortunately, the magistrates were a bit more sensible and acquitted me.
They then issued a restraining order which can be granted even when the accused is acquitted.
I stand corrected, thanks justdad. It’s important we give the correct information.
I would say that he may have a better chance of being found innocent in criminal proceedings, as the burden of proof is much more stringent. There’s a lesser requirement for the burden of proof in civil proceedings, hence injunctions being granted when they really shouldn’t be!
I’ve linked to more info about this.
Harassment is a "course of conduct" so two text messages no matter what they say or how polite can be used to prosecute.
Dad: "Hi, when can I see the children"
Mum: "You're not seeing them, go to court and don't contact me again"
Dad: "Come on, this is silly, they need us both in their lives"
Mum doesn't reply so a few days later Dad sends:
Dad: "Are you serious about this going to court? Can't we be adults?"
And bingo, that simple exchange will secure a prosecution. Quite often, Women's Aid or solicitors will orchestrate conversations like this so they can get the matter before Magistrates and then even when the Magistrates throw the case out, a restraining order can be requested.
Restraining orders are not seen as punishment, they are seen as "protective" and therefore extremely easy - like non-mols to get.
Of course once that order is in the grubby hands of the ex, she can then fleece the state for legal aid. You couldn't make it up but it is how it is.
So much for the welfare of the child being paramount because we all know that once the legal aid gravy train is paying, unscrupulous solicitors and barristers milk the system no matter how much damage it does to you or your family.
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