what will happen to him

[sjohnson99]

hi all where do i start my daughters ex is in court tomorrow for 2 accounts of harassment and one account for breaking his non molestation order the court has got it on cctv and my daughters statement does anyone know what will happen to him thank you

[Kati]

Re: what will happen to him

According to Womens Aid (http://www.womensaid.org.uk/domestic...01&itemid=1399):

Because breach of a non-molestation order is now an arrestable criminal offence it is no longer necessary for courts to attach a power of arrest to non-molestation orders. Orders now clearly state that breach is a criminal offence punishable with up to 5 years imprisonment or as a contempt of court.
What are the options if a non-molestation order is breached?
This change in the law has made two options open to the applicant when a non-molestation order is breached.

1. The applicant can call the police who will deal with the breach as a criminal offence.
2. Alternatively the applicant can still choose to return to the civil court that made the non-molestation order for the breach to be dealt with as a contempt of court.

Clearly in many cases calling the police immediately will be the right thing to do in order to ensure the safety of the applicant and perhaps any children.

then if taken to court:

A charge of breaching a non-molestation order can be tried in either a Magistrates’ Court or the Crown Court depending upon the seriousness of a particular case. Offenders can be punished with up to 5 years imprisonment or a fine or both.The Crown Prosecution Service will not be able to prosecute if the breach of the order has already been dealt with as contempt by a civil court. However if the Crown Prosecution Service decides not to prosecute or if the offender is prosecuted but found not guilty, the applicant can still ask a civil court to deal with the breach as a contempt of court.
If the applicant decides to ask a civil court to deal with a breach of a non-molestation order, the court can if needs be issue a warrant for the person’s arrest. If the civil court it is satisfied that the order has been breached it can sentence the person breaching the order to up to 2 years imprisonment or fine them.

Hopefully, the court in question will treat this as serious and ensure that he will not be able to do this again!

K xx

[stevemLS]

Re: what will happen to him

Think you will have to wait and see, there are so many variables but courts do not take kindly to breach o f their Orders.

The starting point in the Magistrates for more than one breach of a Protective Order with no violence is a Low Level Community Order and the range is a Band C Fine to a Medium Level Community Order (sets the number of hours which used to be called community service). There are a number of aggravating factors as wells as mitigating ones.

If violence was involved, it becomes much more serious and the starting point is 18 weeks custody with the range being 13 - 26 weeks.

If there was serious harm caused, it may be committed to the Crown Court.

For two counts of harassment or where there is an intention to cause fear of violence the starting point is 18 weeks custody.

These are the sentencing guidelines which they are bound to "have regard" to, they are able to depart from them but must give reasons if they do - so they can regard it as particularly serious but equally as less serious.

No-one knows without the facts.

[sjohnson99]

Re: what will happen to him

thank you kati i hope so just have to see what they say tomorrow but with history i bet it will be a slap on the hand dont to it again thats what he usually gets

[stevemLS]

Re: what will happen to him

A history of not obeying court orders is an aggravating factor.

[Kati]

Re: what will happen to him


Personally, I loath DV perpetrators (male OR female). As a 'survivor' myself, I see too many of them getting away with breaching protective orders - and I think it's unacceptable!

[sjohnson99]

what will happen to him update

well he was in court today he pleaded guilty out on bail and to return on the 17 march so not sure what it all means

[stevemLS]

Re: what will happen to him

The default position is that you get bail until sentencing, there has to be a clear and serious risk of not giving him bail that the magistrates have to specify in refusing bail (or a number of other reasons which on the limited information you have provided don't appear relevant here).

It is no indication of what the sentence will be and they have probably bailed him because they want a pre-sentence report so they have the information they require to decide what sentence is appropriate.

Thanks for letting us know.