Unlawful arrest and detention for alleged breach of a non-molestation order

On 14 October 2019 our client was arrested for alleged breach of a Non-Molestation Order made in family proceedings involving him and his ex-partner. He was charged and remanded in custody. When the matter came before the Court, it transpired that the alleged breach occurred at a time when the Non-Molestation Order was not in force. Our client admitted doing what he did. Regardless of whether or not our client’s actions breached the Order is totally irrelevant because the alleged breach occurred when the Order was not in force. His arrest and detention were unquestionably unlawful. Our expert Wrongful arrest and false imprisonment solicitor Galwinder Kang pursued a claim against Durham Constabulary which did not resist it, although it argued that our client’s conduct was in breach of the Order. Galwinder Kang argued that was irrelevant. If there is no valid Order, there is no legal ground to arrest. He eventually managed to negotiate an out of Court settlement in the sum of £5500.

If you have been a victim of an unlawful arrest or detained by the police get in touch with our expert Action Against the Police Solicitor, Galwinder Kang by calling us on 0333 800 0033 or request a call back by filling in the form below.

If you require assistance and advice on any Wrongful Arrest and False Imprisonment, you can contact us on Freephone 0333 800 0033.