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Is a solicitors presence required at a bail hearing for harassment? LocalSolicitors.com

Does my 34 year old son require a solicitors presence at a bail hearing for harassment against his wife now split up for 18months?

You can apply to the Crown Court that imposed the original order to either vary or discharge the order. I note that your order is very old and pre-dates some important case law. Most notable of these cases was R v Smith & others 2011. As a result of this case, disproportionate orders, for instance, those banning all use of the internet, were found to be unlawful. The same with conditions that duplicated the terms of the notification requirements. If your order isn't 'Smith' compliant, it may be easier than you think to get it either varied or discharged. I would recommend that you find a solicitor locally who can have a look at your 'order' and advise on the prospects of either having it discharged or perhaps varied.

How can you discharge a SOPO? 

If he has admitted damaging your windows in interview without lawful excuse then having pleaded not guilty the case will be adjourned to trial and it shouldn't take long for a court to convict him. You may have to come to court to give evidence about the damage and what you saw, although a decision will be made whether your evidence is contentious or not. The text messages will be evidence to show motive.

If he has put forward a lawful excuse in interview ie. because he thought you were suffering an overdose then the prosecution will have slightly more to do - your evidence and the text messages will try to prove unlawful motive, and then the Magistrates' will decide whether or not the case is proved.

Hope this helps a little.

My ex smashed my windows admitted it in interview, but now in court he says not guilty. What will happen?

Does my 34 year old son require a solicitors presence at a bail hearing for harassment against his wife now split up for 18months?

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