For several years, my client Simon Hawkins was in a relationship with Joanne Madden.
The relationship broke down and Louise applied to the Family Court for a Non-molestation Order on 3 December 2016.
Upon hearing the application, the Court granted a Non-molestation Order on an ex-parte basis. The provisions of the Non-molestation Order included that Simon was prohibited from contacting Joanne or attending her address. The duration of the Order was for a period of 12 months.
On 1 March 2017, the said Non-molestation Order was discharged.
The couple subsequently reunited.
On the 8 May 2017, Simon had been with Joanne and following a trivial disagreement, was locked out of her home address.
Simon contacted his local Police Force and an Officer was dispatched.
Following enquiries, the Officer advised Simon that according to Police records, Simon was in breach of the Non-molestation Order and was arrested accordingly.
Despite Simon’s protestations that the Order had been discharged, he was taken in to custody.
After several hours and following investigation, the Police were able to establish that the Non-molestation Order had in fact been discharged and Simon was released.
Under the Family Civil Procedure Rules, where an Order is made discharging a Non-molestation Order, the Court Officer must inform the local Police Station who had been initially advised of the making of the Order and deliver a copy of the Order (discharging the relevant Order) to the applicable Police Station.
Unfortunately, by reason of administrative oversight, Court staff had failed to notify the Police that Simon was no longer subject to a Non-molestation Order.
Following negotiation, the Court Service agreed to pay Simon £2,500 in compensation together with his legal fees.
My client’s name has been changed.
