Successful Result | Non-Molestation Order

Kangs Solicitors have recently successfully defended our client before Wolverhampton Magistrates’ Court who was charged with breaching a Non-Molestation Order issued at the Family Court.

Sukhdip Randhawa of Kangs Solicitors, who represented the client reports

The Circumstances

• Our client was subject to a Non–Molestation Order containing conditions not to communicate with his estranged wife in any way, save through solicitors, except in the event of an emergency involving their son.
• The Prosecution maintained that admissions had been made by our client in interview and, accordingly, he had been charged and bailed to Wolverhampton Magistrates’ Court.
• Our client advised us that he thought he had breached his Order as there had been contact between himself and his estranged wife.

Defence Preparation

• Upon taking detailed instructions it became apparent that our client had indeed had contact with his estranged wife but the meeting had been instigated by her expressing her desire to return to the former matrimonial home.
• at court we advised the Magistrates that the contact had been reasonable and that our client would plead ‘not guilty’.
• our detailed examination of all material revealed the complaint was made to the police:

1. some six days after the contact
2. at a time when their respective family solicitors were in communication
3. the complaint had been reported ‘on the advice of her Solicitor’.

• witness statements were taken confirming that the contact had been instigated by the estranged wife
• we made representations to the Crown Prosecution Service that they review the casegiven that the evidence was to the effect that the complaint had only been made upon advice of the estranged wife’s solicitor as a means to support her claims and that we considered it very unlikely that they would be able to prove their case.

Successful Outcome

Not Guilty Verdict

• as our submissions were not accepted it was necessary to prepare for Trial.
• on the day of trial, the Case was reviewed by the Crown Prosecutor and our submissions accepted, with the result that:

the Prosecution  offered no evidence and the case against our client was dismissed with a ‘not guilty’ verdict being returned by the Judge.

Recovery of Costs

• as our client had paid our fees privately, an application was made that a Defence Costs Order should be granted by the court enabling our client to be refunded his outlay.
• the Judge confirmed that an order should be made with the result that our client is likely to recoup the vast majority of the fees paid by him.

Naturally, our client was delighted  with the result obtained for him by Kangs Solicitors.

How Can We Help?

If you are arrested and facing criminal allegations, it is imperative that you instruct a Solicitor immediately.

Our team offers years of experience to ensure that all steps are taken to critically analyse and evaluate the evidence against you, and put forward the strongest defence possible.

Please feel free to contact our team through the following:

Tel:       0333 370 4333

Email: info@kangssolicitors.co.uk

We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.