Legal Questions and Answers

He has mentally and physically abused me, still to this day he is making my life hell…

Questions:

Please could someone give me advice on breeches of a restraining order. And what the consequences are.
There is a long history off domestic violence with my ex partner. He has mentally and physically abused me, still to this day he is making my life hell.
We have one child together who is 7 years old in the final stages off assessment for ASD.
We broke up 6 years ago. I contacted social services myself told them everything. I rang the police and went to court for a NMO. Contacted all departments necessary. My two eldest children needed counselling. There has never been any concerns for the safety of my children in my care.
My ex was absent from our sons life as he was mentally unstable, having been detained under the mental health act for drug abuse – diagnoses : psychosis.
He applyed to the court for contact. Outcome started with supervised contact. During this time he continued to break the order.
He was charged in crown court for harressing me, threatening to cause criminal damage. On that day he refused representation and represented himsef. It was horrific and the start off a living nightmare.
I was given a 10 year restraining order. He can not contact me, he is not allowed in my area, all communication is to be done through grandparents.
Now I have made at leas) 200 + calls to 999. I am red flagged. Made statement after statement to the police. I do not feel protected, i have every person I spoke to written down and documented… Every organisation I reached out to documented. Names time /dates reference numbers 6 years of evidence.. Due to failings by the police I went to the ombudsman with factual evidence. They carried out an investigation and found a sergeant, a constables evidence to be flawed. Grounds for miss conduct. However what conduct that was he couldn’t disclose.
1st breech of a restraining order.
On October last year my ex approached my property, he became abusive towards me. He was threatening and refused to leave my property. I contacted the police and gave my statement. Again I have had no updates.
2nd breech of a restraining order. 25th of May this year he had contact with our son. My son was due home May 26th. ( I spoke with my son earlier that day) grandmother confirmed a time to be picked up on the 26th May.
May 25th Around 7.30pm I was not home. I had been decorating my eldest sons new property which is close to my parents house.
Due to a family matter I made my way to my parents, i had been sitting on the wall chatting. My ex came around the corner and stopped at my parents. My son got out and my ex partner drove away. What really left me very disturbed and uneasy was on my return home, our son disclosed to me my ex partner had been inside my property taking photographs.
This has left me scared. I contacted the police made my statement.
He was arrested again– his phone was siezed, bailed until August 3rd.
No one contacted me with any updates.
This week I made the phonecall to the investigating sergeant.
This is where I would appreciate any advice, direction.
Update- she couldn’t update me if my ex partner had been charged with an offence? Really? He was in fact reported to the PPS. I asked if they had recovered the evidence from his seized phone.
Reply – no that was not given to the PPS as my ex partner refused to give the pin to open his phone. Ok.
His mother confirmed in a text message he had entered and photographed inside my property. I emailed them to her.
I have continusly made police aware im afraid for my life, that this man will hurt me again if he gets a chance.
The sergeant, I had have a witness who listened to the call.
The seargent was not concerned at all about him trespassing in my property or the ongoing anxiety this has caused. . The point that was made is he did not have contact with me directly or he did not approach me? He entered my property. Please can someone advice me where do I go next?
He has serious criminal convictions armed robbery, drug offences, driving offences assault the list is endless. I do not have a criminal record, i have done everything by the book
Answers:
1-Contact Womens Aid for assistance with DV Sorry can’t help with criminal issues
2-I am so sorry to hear you are going through this. I am suggesting an idea here but legislation may be different in Northern Ireland, but worth checking. If you can get someone to have him charged and get to Court, where I am there is the option for the Court to impose a Restriction of Liberty Order (a tag) which effectively tags him away from your property and there would be an alert if he breached it and police emergency service called. Any breach results in arrest/recall to court/possibly prison. Victim support can help advocate for this, especially if social work are asked to do background reports. I’m sorry I can’t help more specifically but it may be worth exploring. I hope you are ok
3-I am an NI solicitor but unfortunately have never done family. I can recommend a good family solicitor though – tanya Jennings at mcivor Farrell. She is very good at her job but also very compassionate. All the very best. Hope you get sorted.
4-So heartbreaking reading this… I can’t believe that the authorities are being so blasé about the fact that he entered your home and took pictures!!!!!… with the long list of abuse that’s taken place. I wish I had advice to offer you… sadly I don’t. Can I ask, how did he enter your home? Did he break in?
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