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Disproportionate restraining order and procedure question
In August 2019, I was given 2 yr cond. discharge for "harassment without violence" + 5 year restraining order due to some annoying emails I wrote my ex during a property dispute.
At no point before, during, or after has there been any suggestion of physical threat, nor has there been any suggestion that I have infringed the restraining order.
When she moved to a property on a main road, she had the restraining order altered to include a 100 metre exclusion zone around her property.
The first I knew of this was when I saw an email at 10:50. The time on the email was 10:29, and it was notifying me of a remote hearing at 10:30 on the day of the hearing.
I subsequently challenged the order as it would make it a crime for me to drive on one of the main roads out of town or visit a friend 66 metres away.
They allowed me a remote hearing for an appeal, the result of which was this:
I can only use the road by motor vehicle.
I cannot cycle or walk along the road to the place I often visit as a keen cyclist.
I cannot visit my friend because "she might be upset by seeing my car in their drive", and "if I wanted to meet them we could meet in town instead".
All of this is to last until August 2023.
My ex did not attend the hearing. I got my statement about using the road and my friend's address in on time.
Whereas she submitted nothing but emailed a statement on the day of the hearing which was read in court.
At the end of the hearing, I politely said the following:
"Sir, for my notes, can I just check that for the next two and a half years it is illegal for me to walk or cycle along one of the main roads out of town or to visit my friend's house 66 metres away down the road on the opposite side?".
Magistrate replied: "I have made my statement clear, if you wish to appeal it you can do so in writing. Thank you".
And with that, I was disconnected.
When the actual order came, not only was it riddled with spelling errors, but there was a new point added to include her old address.
Again, that was not mentioned in the hearing. Can they just add stuff like that?
This all seems grossly disproportionate - unfortunately, she has a lot of money and spite and a cunning solicitor, although why she did not attend or was not represented this time is puzzling. I don't know what happened in the original hearing for change of address because I was not made aware of it at all.
Where do I even start? Is this something I might be able to get legal aid for? Again, I must make it clear (and being honest here) I have NOT infringed the original order, and have never been accused or charged with DV or indeed any threat in person. It was only emails about finances.
At no point before, during, or after has there been any suggestion of physical threat, nor has there been any suggestion that I have infringed the restraining order.
When she moved to a property on a main road, she had the restraining order altered to include a 100 metre exclusion zone around her property.
The first I knew of this was when I saw an email at 10:50. The time on the email was 10:29, and it was notifying me of a remote hearing at 10:30 on the day of the hearing.
I subsequently challenged the order as it would make it a crime for me to drive on one of the main roads out of town or visit a friend 66 metres away.
They allowed me a remote hearing for an appeal, the result of which was this:
I can only use the road by motor vehicle.
I cannot cycle or walk along the road to the place I often visit as a keen cyclist.
I cannot visit my friend because "she might be upset by seeing my car in their drive", and "if I wanted to meet them we could meet in town instead".
All of this is to last until August 2023.
My ex did not attend the hearing. I got my statement about using the road and my friend's address in on time.
Whereas she submitted nothing but emailed a statement on the day of the hearing which was read in court.
At the end of the hearing, I politely said the following:
"Sir, for my notes, can I just check that for the next two and a half years it is illegal for me to walk or cycle along one of the main roads out of town or to visit my friend's house 66 metres away down the road on the opposite side?".
Magistrate replied: "I have made my statement clear, if you wish to appeal it you can do so in writing. Thank you".
And with that, I was disconnected.
When the actual order came, not only was it riddled with spelling errors, but there was a new point added to include her old address.
Again, that was not mentioned in the hearing. Can they just add stuff like that?
This all seems grossly disproportionate - unfortunately, she has a lot of money and spite and a cunning solicitor, although why she did not attend or was not represented this time is puzzling. I don't know what happened in the original hearing for change of address because I was not made aware of it at all.
Where do I even start? Is this something I might be able to get legal aid for? Again, I must make it clear (and being honest here) I have NOT infringed the original order, and have never been accused or charged with DV or indeed any threat in person. It was only emails about finances.
