Legal issues
Key issues include the scope of the order, whether the defendant knew of it, whether the conduct fell within a prohibited term and whether a statutory reasonable excuse applies.
Evidence that matters
Evidence can include the sealed order, service/knowledge evidence, messages, call logs, CCTV, location data, third-party communications and witness accounts.
Reasonable lines of enquiry
Enquiries may include obtaining the exact order/version, proving who initiated contact, full communication threads, location/CCTV material and evidence supporting reasonable excuse.
What happens next
Police may arrest for alleged breach. CPS guidance requires prosecutors to consider both the breach and any new substantive offence disclosed by the same conduct.
Immediate steps
Obtain the order and stop any conduct that may breach it. Preserve complete communications. Do not assume consent from the protected person overrides the court order.
What should you send us?
Send the restraining order, allegation/charge, messages/calls, police papers, chronology and next date.