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Hi
Last February my ex raised a complaint to the Police saying I had assaulted her, the CPS decided to prosecute instead for Harassment without Violence and in the Magistrates due to highly flawed process and failure to disclose evidence clearly I was convicted and the court put a restraining order upon me.
As there was already a county court mediated agreement in place which my ex kept breaking and was in fact the cause of any issues between her and I the order was that I was not to drive into her street nor to contact her directly or indirectly and she had to put in place proxies to enable the handover of my dog and she deemed her son and her parents as suitable proxies.
As the evidence used was highly contestable and flawed I raised an appeal to the Crown Court, this took until the July to be heard in Crown Court. I had to make necessary disclosures of my own which included statements from others which contested one of the biggest pieces of evidence they were using, on the day in crown court the CPS Barrister spoke with my Barrister and said if I was prepared to keep to not contacting my ex or driving into her street they were drop the charge, I said that I had done this so far and as long as she was prepared to restore the contact with the dog using proxies I would save the need for a full day in court.
Of course I have continued to keep my part of this restraining order but my ex still refuses to allow me to see the dog so I went back to the County court and said that as she refuses to comply with the original order or indeed the contents of the restraining order I wanted the dog returned, that based on 2 points, firstly the dog in law is considered a chattel of the home and also the dog was given to me as a gift by my daughter from my first marriage, something my Daughter gave evidence to.
At the county court hearing the judge went down a different line of trying to broker sharing arrangements still using proxies this despite my ex refusing to engage and refusing all options, in the end the judge ruled that my neighbour would collect once a month and I would see my dog for just one weekend a month but I was to pay 50% of her bills
This to me seems very very poor process, the Judge refused to allow me to challenge any evidence she or her son put forward and even let her son lie to the court and refused me challenging this, he refused to rebuke her for breaking of the original order made by the court and to the agreements of the restraining order constantly referring to how his hands were tied by the restraining order.
Firstly I need to challenge this restraining order as I merely agreed to it to avoid spending hours and hours in crown court after she confirmed she would setup the proxies as agreed, clearly there is no charges on my record and as was proven by my evidence the original charge was a farce all setup so she could get this order to stop me seeing My Dog.
Secondly I need to complain about the handling of this matter in the court in the court, when we went to the directions hearing for this in September it was a different Judge and she said that she was setting 2 hours hearing to decide ownership of the Dog but this is not what the Judge did on the day, he then adjourned for 2 weeks to get statements from others who would help by being replacement proxies for the handovers one being her Son, it is only at this 2nd hearing she reveals he is moving away down south so can't help so again she ignores the courts orders and yest gets away with it, all of which seems grossly unfair.
So any advice with challenging the restraining order so she can't keep using it to stop me seeing the dog and advice on how to complain about the handling would be much appreciated.
TIA
Last February my ex raised a complaint to the Police saying I had assaulted her, the CPS decided to prosecute instead for Harassment without Violence and in the Magistrates due to highly flawed process and failure to disclose evidence clearly I was convicted and the court put a restraining order upon me.
As there was already a county court mediated agreement in place which my ex kept breaking and was in fact the cause of any issues between her and I the order was that I was not to drive into her street nor to contact her directly or indirectly and she had to put in place proxies to enable the handover of my dog and she deemed her son and her parents as suitable proxies.
As the evidence used was highly contestable and flawed I raised an appeal to the Crown Court, this took until the July to be heard in Crown Court. I had to make necessary disclosures of my own which included statements from others which contested one of the biggest pieces of evidence they were using, on the day in crown court the CPS Barrister spoke with my Barrister and said if I was prepared to keep to not contacting my ex or driving into her street they were drop the charge, I said that I had done this so far and as long as she was prepared to restore the contact with the dog using proxies I would save the need for a full day in court.
Of course I have continued to keep my part of this restraining order but my ex still refuses to allow me to see the dog so I went back to the County court and said that as she refuses to comply with the original order or indeed the contents of the restraining order I wanted the dog returned, that based on 2 points, firstly the dog in law is considered a chattel of the home and also the dog was given to me as a gift by my daughter from my first marriage, something my Daughter gave evidence to.
At the county court hearing the judge went down a different line of trying to broker sharing arrangements still using proxies this despite my ex refusing to engage and refusing all options, in the end the judge ruled that my neighbour would collect once a month and I would see my dog for just one weekend a month but I was to pay 50% of her bills
This to me seems very very poor process, the Judge refused to allow me to challenge any evidence she or her son put forward and even let her son lie to the court and refused me challenging this, he refused to rebuke her for breaking of the original order made by the court and to the agreements of the restraining order constantly referring to how his hands were tied by the restraining order.
Firstly I need to challenge this restraining order as I merely agreed to it to avoid spending hours and hours in crown court after she confirmed she would setup the proxies as agreed, clearly there is no charges on my record and as was proven by my evidence the original charge was a farce all setup so she could get this order to stop me seeing My Dog.
Secondly I need to complain about the handling of this matter in the court in the court, when we went to the directions hearing for this in September it was a different Judge and she said that she was setting 2 hours hearing to decide ownership of the Dog but this is not what the Judge did on the day, he then adjourned for 2 weeks to get statements from others who would help by being replacement proxies for the handovers one being her Son, it is only at this 2nd hearing she reveals he is moving away down south so can't help so again she ignores the courts orders and yest gets away with it, all of which seems grossly unfair.
So any advice with challenging the restraining order so she can't keep using it to stop me seeing the dog and advice on how to complain about the handling would be much appreciated.
TIA
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