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Breaching A Non Harassment Order

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Breaching A Non Harassment Order

Postby pipsaholic » Sat Feb 13, 2016 12:58 pm

Hello,

Anyone based in the UK ever breached a Non harassment order while they thought they were just passing by to get to work or the local shops but police/judge made it out you intentionally passed by the victim's house or her to threaten her rather than minding your own business. They base it on you've been arrested and convicted previously rather than a new case/matter?

Thanks.
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Re: Breaching A Non Harassment Order

Postby seabreezeblue » Sat Feb 13, 2016 4:45 pm

Does the person that took the Non Harassment order out on you live really close to you.?

Presumably you somehow breached the order.. what happened exactly?
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Re: Breaching A Non Harassment Order

Postby pipsaholic » Thu Sep 01, 2016 8:41 pm

Yes,

Does seeing someone on a public registered council road, which is close to my home if i see a neighbour 1-20 times a year constitute as a violation of a non harassment order? The orders paragraphs states a 'sentence that says not to approach this individual any way whatsoever' driving by which is unavoidable? I asked 3 lawyers who all said don't worry about it it's only if you communicate, however 1 lawyer did say they can make a case of it.

Anyone been in similar situation?
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Re: Breaching A Non Harassment Order

Postby quietgirl2538 » Fri Sep 02, 2016 6:20 pm

Hi pipsaholic,
I'm from the US. I'm sorry I'm no help, but besides the lawyer, can you ask someone who may have more information for you. It just seems kind of strange that you can't even look at the person since you live so close to them. Ask the lawyer who else you can talk to, to get some written information to show that you are not breaching the non harassment order. I hope someone with useful info. will reply here.
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Re: Breaching A Non Harassment Order

Postby avatar123 » Sat Sep 03, 2016 7:55 am

I believe the order requires you to take all reasonable measures to avoid contact with the other person. The burden for this is placed on you, and not on them. Therefore you should not go or be at places the other person is known or likely to be.

If the place is sufficiently public that you could not know or expect you'd encounter them there, then the convention is that you ignore them completely, as if neither of you was there. If that is not possible, due to proximity or some requirement to interact, then the convention is that you withdraw.

For your road question, it would hinge on the public status above: could you expect to encounter them on that road? If the road is a major thoroughfare with other traffic of which you are a random part, there would not be a problem as long as you completely ignore them if an encounter occurs.

If the road is a side street or residential block, that should be avoidable, unless you live on that same block. In that case the completely ignore convention would have to be strictly observed. Even making eye contact, if it occurs regularly and repeatedly, could be construed as a reason for further complaint. Then it depends on how strictly the order will be enforced by the authorities.

Sometimes one person (could be from either side) will try to cause problems for the other, by using the order as a means of retaliation, or to make a point. Obviously you shouldn't participate in anything like that. If you feel that's being done to you, it's best to talk to the police and assure them you're doing everything you can to obey the order.
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Re: Breaching A Non Harassment Order

Postby pipsaholic » Mon Nov 07, 2016 7:46 pm

I understand there is a stricter order for more serious offence than mine you cannot go a certain foot distance near a person will violate a court order, however thankfully I haven't been given this maybe for repeat offenders.

I went to the Police as I seen many incidents that people were trying to stage me to breach my court order. I showed them photos and videos and they said there is no criminal activity only if they said something or insulted you or psychically assaulted you and you KNEW the person they would take action. If you don't know the name and address were they live the police will not search for the person unless its murder or rape or serious like that.

The police let me down, however it made me think that when she went to the Police they must have turned her down each time the same reason they turned me down so it made me feel better I have completed 1 year of my 2 years non harassment order.

A police officer said to me that if you drive by constantly 4-5 times per day that is harassment driving by once in 4 weeks or 12 times per year seeing her by chance is not harassment its just we live in the same street and like seeing your next door neighbour every so often stalking you :)
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