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Can extended existing restraining order over-ride expiring Family Court order?

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  • Can extended existing restraining order over-ride expiring Family Court order?

    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:
    "Care should be taken when children are involved to make sure that parental contact is not hampered".
    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?
    Tags: None

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