Devon domestic abuse

Real-life case summary of a Devon domestic abuse case dealt with by family lawyer, Gemma Sparks.

Gemma Sparks, a Partner in our Family Law Team, represented a defendant (“D”) who was seeking representation in defending his case in committal proceedings. D had been served with an application to be committed to prison for allegedly breaching the terms of an Undertaking given to the Family Courts.

The parties married and had two children together prior to their eventual separation. The applicant (“A”) made an application to the court for a Non-Molestation Order and an Occupation Order. The proceedings finished with A’s application being discharged because D gave Undertakings to the court which meant that no further court involvement was needed.

The Undertakings specified that D would not send threatening or abusive communications or engage in direct communication with A, except for child contact arrangements through solicitors or a Parenting App.

A later issued an application for D to be sent to prison, alleging the Undertaking had been breached by him by sending emails directly to A.

What did Gemma Do

D appointed specialist family lawyer Gemma Sparks to represent him and to defend his position.

Gemma drafted and prepared essential legal documents, reviewed all the court papers and evidence, corresponded with the parties, conducting legal research, and preparing instructions for counsel.

In preparing the case, she focused on examining all relevant evidence, applicable laws, and the potential implications of each communication between the A and B. She advised D that the three alleged breaches were minor and recommended resolving the matter by proposing that he offer an apology for the incidents.

D’s Position

D maintained that he had been in regular contact with the children and had not experienced significant issues with the applicant over the arrangements. However, he did acknowledge some concern about the previous relationship dynamics and the sensitivity surrounding abuse allegations, which may have influenced the A’s application.

Court’s Consideration and Outcome

The judge acknowledged that D’s communications, while poorly worded, were not malicious or threatening. The defendant expressed concerns about the children’s safety in one of the emails, though the tone was not ideal. The judge ultimately found the breaches to be minor and stated that no punishment was necessary, especially given the lack of further issues since the incidents.

The judge highlighted that while the communications were poorly advised, they did not warrant sanctions. Both parties had moved on, and the defendant was reminded to adhere to the terms of the order moving forward. A did not seek prison time or fines but wanted assurance that the Undertakings would be followed.

The judge dismissed the application, emphasising the importance of minimising conflict for the sake of the children and encouraging both parents to focus on the children’s well-being. 

Key Takeaways

  • The breaches were considered technical and not substantial enough to warrant punishment.
  • The court emphasised the importance of both parties following the terms of the Undertakings going forward.
  • The judge dismissed the application, reinforcing the focus on the children’s welfare and the reduction of conflict.

How we can help you

If you need experienced legal guidance from Devon domestic abuse solicitor Gemma Sparks, contact us for a free consultation. Call 0333 888 0404 or email us at [email protected].

Picture of Gemma Sparks

Gemma Sparks

Gemma Sparks is a lawyer in our family law team.
Picture of Gemma Sparks

Gemma Sparks

Gemma Sparks is a lawyer in our family law team.

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