Can the Crown Court vary the duration of an existing restraining order, and start the new duration of the varied order on the date of the hearing?
For example:
01/01/2020 - Magistrates: 2 year conditional discharge, 4 year restraining order against ex.
01/06/2021 - 2 year non-mol given in private family court.
01/01/2022 - "Offender" speaks to son briefly and street allegedly breaches FC non-mol and, by default, magistrates restraining order (ex nearby), albeit after conditional discharge has finished.
01/01/2023 - Offender sentenced for above breaches, existing restraining order "varied" to be 5 years, starting day of hearing, to now include the restrictions from the family court non-mol. Family court not involved.
Therefore, family court non-mol which would have ended on 01/06/2023 and restraining order against ex which would have ended in 01/01/2024 now both effectively end in 2027 because the restraining order now contains the articles of the family court non-mol, thus over-riding it.
Sentencing guidelines say:
Which means I will not see my child at all for an extra 3 years, parental contact will be non-existent, but without any referral or input to or from the family court nor opportunity to challenge it.
Something seems wrong here - is this normal?
For example:
01/01/2020 - Magistrates: 2 year conditional discharge, 4 year restraining order against ex.
01/06/2021 - 2 year non-mol given in private family court.
01/01/2022 - "Offender" speaks to son briefly and street allegedly breaches FC non-mol and, by default, magistrates restraining order (ex nearby), albeit after conditional discharge has finished.
01/01/2023 - Offender sentenced for above breaches, existing restraining order "varied" to be 5 years, starting day of hearing, to now include the restrictions from the family court non-mol. Family court not involved.
Therefore, family court non-mol which would have ended on 01/06/2023 and restraining order against ex which would have ended in 01/01/2024 now both effectively end in 2027 because the restraining order now contains the articles of the family court non-mol, thus over-riding it.
Sentencing guidelines say:
"Care should be taken when children are involved to make sure that parental contact is not hampered".
Something seems wrong here - is this normal?