Time in Prison over a Non Molestation Order

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Time in Prison over a Non Molestation Order

Post by Donsetter » Mon Oct 06, 2014 4:21 pm

Questions regarding a Non Molestation Order.
My son ( let’s call him Bart) is a drug addict, so is his partner of 10 year (let’s call her Marge). They have a Daughter of 17 months old, and Marge also as a 16 year old Son from a previous relationship. Social Services have gotten involved in their relationship because of domestic violence, (six of one, half a dozen of the other) their drug use, and having such a young Daughter (and rightly so).
Bart lives on his own in a rented house, Marge and the 2 children live in another rented house. The 2 houses are in the same village. They say they love one another very much, and are together as a couple. But Marge’s 16 year Son hates Bart (with good reasons). Social Services have had meeting with Bart and Marge and stated they were not happy with the current setup. They had a meeting with Marge without Bart, and coerced her into taking out a Non Molestation Order against Bart, or if she did not they would apply to the counts to have her Daughter and Son taken into care. So Marge complied with their demands, even though she says she did not want to.
Within a few days of the order being authorised by the court Bart and Marge had one of their falling outs. Marge rang the Police, Bart was arrested and taken to court and sent to prison, he did 12 weeks inside for breach of the None Molestation Order. The 3 Magistrates also extend the period of the Non Molestation Order from 12 months to 24 Months, ending xxxxx 2016 , they also told Bart that if he is sent back to court again for another breach of the Non Molestation Order he will be looking at up to 5 years in prison.
On release from prison (a Friday) Bart returns home, the next day (Saturday ), Marge knocks on Barts door, enters and leaves a couple of hours later to fetch their baby Daughter, Marge stays all Saturday night, and go’s Home Sunday Morning.
I spoke to Bart and Marge about their current position, and Marge confirmed that she did indeed contacted Bart by knocking at his door. Bart says he will commit suicide before going back to prison, just for loving each other and them wanting to be together.
Social Services seem to be adamant that Marge and Bart must not contact each other at all. or have any form of a relationship. Social Services must remember they are dealing with human traits and emotions. The word love can never be quantified or truly explained, not by courts, prison, or government bodies. The old saying is “they cannot live with each other, and can't live without each other.”
3 questions:- As Bart broken the order? As Marge encouraged him to do so? Is Marge guilty of anything in the eyes of the law?

Any help / advice from legal / or people that may have been in the same situation please. Regards DON

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Re: Time in Prison over a Non Molestation Order

Post by Administrator » Thu Oct 09, 2014 1:06 pm

Dear Donsetter

Unfortunately we are unable to give out advice on this forum. Please register on our 'Parents' Forum and post there to receive a response. http://www.frg.org.uk/ParentsForum/.

Many thanks

Yasmin Choudhury
(Forum Administrator)

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