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Hi Guys
My ex filed a non molestation order against me. Went to court and I accepted it on the grounds of no findings etc as I didn’t want to cause any further stress or upset
A couple of days later, I have an email account I send stuff to myself with my thoughts / feelings etc. I accidentally sent this email to her instead of my account !
I immediately sent another apologising, asking her to delete it and said I was fully aware of the rules and it would t happen again, and I then called the police myself to advise them what had happened and that it was a genuine mistake.
She has now apparently contacted the police too and made a complaint about it anyway. They want to speak to me and mentioned the CPS and I am really really worried and scared now. It was honestly a genuine mistake and I did everything I could to rectify it immediately - has anyone got any experience in this type of thing ?! Am I likely to be in trouble ?!
What did the email you sent say?
A custodial sentence is unlikely if this is an innocent mistake but it's hard to second guess what will happen.
It was my thoughts about how things were, things I had recognised about myself following her accusations and what I was thinking about the whole situation really.
It was personal to me - granted it had stuff about her in it I guess but really wasn’t intentional!
Would you think it will be viewed as a ‘reasonable excuse’ !! I’m only human - made a mistake 🙁
If I'm honest with you, I don't think the police or a Court would buy the "it was an accident" story.
I think your best explanation (and one you shouldn't elaborate on) is "it was a stupid mistake and was certainly not intended to cause any distress".
Get into long an convoluted arguments about how easy it is or isn't to put her name in the recipient box and they will take you to the cleaners.
Do you have copies of similar emails you've sent to yourself? If so how many and going back how far?
By the way, you are looking at TWO breaches here.
Even if you get away with saying the first email was a mistake, the second wasn't.
I am wholly against these ridiculous non-molestation orders but they are what they say they are ORDERS. You breached I'm afraid.
But it was a genuine mistake - and the second was stating it was an accident, to delete the email and that I was clear on the rules of the order and it wouldn’t happen again.
Surely there has to be some reason or common sense here ? I called the police myself immediately and told them ... I wouldn’t do that if I had intentionally done it !?!
As Justdad says, if you have similar emails over a period of time to show a pattern of how you dealt with your feelings by emailing yourself, there's a possibility that it could be overlooked. As for common sense, I'm afraid there seems to be little of that in the family justice system. In the real world, sending texts and emails to the wrong person probably happens quite a lot, but then most people don't have NMO's against them.
If there aren't any similar emails, just explaining that your emotions got the better of you might help.
There are for. Couple of weeks before and a couple of days after - at which point I have knocked it on the head to that email account for fear of doing it again!
Will see what happens.
Strangely - today she sent me a video of our daughter walking for the first time directly !? I didn’t reply - was very surprised though considering!?
Well done for not replying to the video. Many many women will contact the ex when there is a non-mol in place purely to illicit a breach.
This is advised to them by solicitors - the very solicitors who advised them to go for the non-mol in the first place - so they could secure legal aid and milk the system.
You may think I'm cynical. I'm not, I'm experienced - I wish I wasn't. The whole thing is a horror story - every case, every time.
I think any emails after the one you sent to your ex would be ignored as they could be seen as fabricating a justification for your actions. You have to look at things the way a court would look at them.
This is what I’m struggling with.
‘The way a court would look at them’
I’m human. Judges are human. Police are human. We all make mistakes. I did everything I could to rectify it immediately. Surely - there has to be some common sense on this stuff?
I’d understand it if I had addressed it to her, or it was directly written to her , but it wasn’t and I informed the police myself of the error! This seems ridiculous. I agreed to this order in the basis I didn’t want to cause any more stress and upset as it was - it was very economical with the truth as it was! Beginning to regret accepting it now !?
Don't make the mistake of thinking anyone will say "oh well - I'll let you off this time...."
It doesn't happen. The law is black and white and is administered as such. Be that good or bad.
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