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I probably shouldn't be on this forum because I am a mother of a son who for the last two years has had a nightmare with the mother of his daughter . Two years ago she fabricated a load of lies and got a non molestation order on my son because of the order she also managed to achieve a move very quickly into a different are. Although the time apart from his daughter has been tough he eventually managed to get some sort of life back. In December of last year she suddenly decided she wanted him back even though she had just given birth to another man's child and she tried to make contact through various members of the family. When this didn't work she suddenly came back to the area she left leaving behind her new partner and gettinhg a restraining order on him . She made sure she was in close proximity of my son eventually persuading him to see her even though the order wasn't lifted. She has been using any method she can to get him round to her house even threatening to do herself harm. At the weekend it all come to a head when she managed after phoning him all day to get him round there and I was getting phone calls late that night with my son saying she is kicking off I had no choice because of a baby and my young grandchild being in the house but to call the police and my son was immediately arrested because the order had been broken even though it was her persuing him he has never been violent but it seems you can be accused of it and that's it . I have now inadvertently caused my son to be arrested and on Monday he will no doubt be sent to prison even though he has text messages from her and so have other friends and family with evidence to prove that it was her persuing him . The law is a complete joke
Hi
Firstly, no problem you being on here at all. I would doubt that you son will go to prison on this basis - yes, he has broken the NMO, but as you say, there is plenty of supporting evidence that she was acting unreasonably. I'm not sure what a court would actually make of the NMO if it can't be upheld because of her actions - the police had no choice other than to act in accordance with the order, but the courts have a lot more leeway, including cancelling the order.
Hi there
You're most welcome here. How upsetting for you that you inadvertently got him in trouble, I'm sure he understands why you felt you had to do it.
I would advise that your son prepares a brief Position Statement to tell the court how this breach came about, how he was coerced into meeting with her under extreme pressure. He should also take screenshots of all the text messages and print them off, although he can't attach them to his statement, he can tell the court that he has them with him if they wish to have sight of them.
If she was threatening to do herself harm, he should consider reporting this to Social Services, it's understandable that he would disregard the order in such circumstances, any normal person would put the immediate needs of their child and the person threatening harm to themselves, before the possibility of getting into trouble.
Best of luck
If the order was made 2 years ago, was this renewed by the court? They usually only last for one year?
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