Civil Liberties, Human Rights, Restraining Orders, Bail Conditions, Non-Molestation Orders …

So I’m going to look at this question on bail, restraining orders, non-molestation orders and general laws relating to legal procedures. Whilst what I am saying may not be relevant to your situations – I am here for me, and so I am talking about me!

So I have a non-molestation order against Candi in the family court. Yes she has broken it but that’s another discussion. It basically prevents ALL contact from Candi to me be that direct or indirect. So no third party contact either.

CPS have put in place a restraining order against me in the Criminal Court. It says the same thing – no contact be it direct or indirect, and again no third party contact.

CPS have now put bail in place whilst the Crown decides if I have breached the restraining order or not. It also says the same thing – no contact be it direct or indirect. Now at the time this was made I had a paralegal in court who was assisting me in the civil matters. He stood up and said he would provide service through his supervising solicitor – So the bail condition was varied to say that I could serve the required court documentation which I am ordered to serve in civil proceedings via this solicitor. Long story short (another blog another day) he doesn’t have a supervising solicitor.

You can see a round up of the court actions at: https://pathofdestruction.net/the-wonders-of-the-english-legal-system/

So the problem is this: Civil Court require me to serve documentation, evidence of the cases and applications etc but also there has to be a certain amount of negotiation between us as in budgets and timing of documents etc. Now normally she would have a solicitor and I would have a solicitor and the courts would then make a variation to say that all communication has to go through the solicitors – hey presto! solution …

BUT …

She doesn’t have a solicitor and neither do I.

So by complying with the bail restrictions I am in breach of a court order which could a) lose me the case b) contempt of court c) prison for contempt of court but if I comply with the court order then I have to be remanded until criminal court and then face breach of bail as well so more prison. Now I am sure anyone can see that this is an immoral and unlawful situation to be placed in but what does the Judge do?

If you have read the page you will know that the Judge on the 2nd October passed the buck to the next hearing, but seriously…

Consider this one by one – BAIL. As the only condition in the bail is not to contact Candi, and this is a just a duplication of the restraining order there is no necessity for bail. The criminal justice system says that bail conditions should only be imposed when directly necessary. As a duplication was this directly necessary? The legal answer is no, but the CPS feel that I am such a threat that they need that duplicity, or they need another way to waste tax payers money – maybe their representative that day was having some sort of inferiority complex and needed a boost. I had attended voluntary interview, it is a not guilty plea, I had attended court, they are considering one minor alleged breach by a non-violent and non-directed comment on a business facebook page and there is a restraining order saying the exact same words so there was no necessity for a bail condition and that will be challenged. Easiest solution – drop the bail. A back-up is in place by the restraining order – drop the bail and stop wasting time!

RESTRAINING ORDER – now thats a bit more tricky. First question though – did Candi ask for it? Does she feel she needs it? Is she happy to drop it or vary it? I mean are we spending all this public money at the hands of an overexuberant CPS or … and I don’t even know how to describe her! Lets assume that she hasn’t gotten over herself yet and wants the order in place. Now the court has to make a decision.

I can’t serve her personally, thats contact. I can’t serve her through a third party, thats indirect contact and said party would need legal privelidge and be subject to GDPR etc and people like that don’t just appear out of thin air. I can’t serve her solicitor, she doesn’t have one. I can’t ask my solicitor to serve her direct, I don’t have one. I suppose we could serve through the courts but then each of the courts in question have to agree to that, and we are in a lot of courts, and in honesty the courts are already over worked and overburdened and not coping and thats the reason they ask for negotiated bundles as they don’t have the capacity to get involved. So the only option to allow me to continue to the civil and family litigation is to allow me to contact her for legal purposes, but then they have no way of regulating this contact so its a bit of a moot point.

Lets visit this order: no contact, direct or indirect unless its for a legal purpose of which there is no determination that can influence that other than coming back to court. What an actual waste of paper!

So lets drop the restraining order but then she has the legal right to not be contacted if that is her wish, and the powers that be have to protect that right as much as they have to protect my right to access justice.

I wonder if she feels differently now I have filed an application to have her defence struck out of one of the cases because she didn’t serve it on me. Why didn’t she serve it – well truth be known she didn’t bother to file it with the court either, she is burying her head in the sand and hoping the world forgets her but actually if she had served me then I would have had her arrested and potentially imprisoned for breaching the non-molestation order which says no contact, direct or indirect … but that impedes on her right to access Justice.

Have we come full circle now? I believe so!

I mentioned earlier whether this was Candi’s wish or whether it was due to the CPS and I think its only fair that I ask the same question regarding the non-molestation order.

My view – this is TIT FOR TAT! If she needs protection from me then I need protection from her. Honest belief is that a grown up approach is needed here and we should be able to sit down over a cup of tea and sort this out but Candi has never behaved like a grown up and until she does – I need protection or she will put me back in prison!

You can see a round up of the court actions at: https://pathofdestruction.net/the-wonders-of-the-english-legal-system/

So for the moment – I leave this one in the hands of the Judge. Your job is to allow me my right to access justice, and to comply with the orders of the courts but also to protect the rights of no contact within the bail condition, the restraining order and if she bothers to apply for it, the non-molestation order. I don’t envy that position one little bit!

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