I write this statement in support of Eve’s Law.  I also wish for it to be taken as verification and evidence that I also wish to make a formal complaint against Mr Monaghan of Bolton County Court, Blackhorse Street, Bolton.

On the 11 June 2013 I attended Bolton County Court after being summoned for questioning, I did not fully understand this process and asked the court for assistance on many occasions but was told by staff that they were not “legally trained” and could therefore not help me.  I could not afford legal representation and so knew that I had to once again face my abusers, something that the court were fully aware of yet failed to either intervene or signpost me to help.

As I walked into court to attend the questioning I was spat at by the claimants father and called a “dirty little bitch” and so once inside I asked if I could sit in a room on my own as the other sides family and friends were present and I felt very intimidated.  I need to point out at this stage that I had been forced into fully disclosing to the court in a bid to defend myself and so they were aware of the full history, my DV history and the ************ which was carried out on ******* by the *********, I need to state that this needs to be kept confidential. I also considered myself to be in danger as the court had stipulated that whatever the Judge sees the other side has to see and so the claimant was fully aware at this hearing that I had come forward and told the truth.

What followed was horrific.  I was taken into a small room and made to sit across the table from the claimant, I felt afraid, intimidated and very alone, Mr Monaghan was present with another lady who he failed to introduce. 

Mr Monaghan began to question me and asked me would I swear on the bible which I did.  He then proceeded to ask me my name and address which I provided without hesitation as the claimant is fully aware of where I live.  Mr Monaghan then went on to ask for my telephone number, I refused and pointed out the statement and full disclosure I had submitted and drew reference to the substantiated fact that the claimant had given my phone number to my ex husband once before which resulted in 2 weeks of abuse and threats for which he was cautioned by the police. (This can be verified by GMP.)  I changed my telephone number in order to protect myself from his constant harassment/stalking. Mr Monaghan told me to “stop being awkward” and this is when I began to get upset, I knew I was being put in danger and was very afraid for myself and my children.  Mr Monaghan demanded my telephone number once again, again I refused and told him that I was willing to provide this to the court but I could not disclose it in the room in front of the claimant, I again also drew reference to my full disclosure.  This is when Mr Monaghan first threatened me with imprisonment and as his words sank in I broke down but Mr Monaghan continued and asked me if I had any intentions of moving, once again telling me to stop being awkward and that I would go to prison if I did not cooperate. I had sworn on the bible I told the truth and said yes I hoped that I could one day move.  Mr Monaghan then asked me if I had another address, I replied yes my safe/flee address.  Mr Monaghan then demanded I tell him my safe/flee address which again I refused and again broke down, I was extremely distressed, I was sat across the table from the claimant, a woman who I had proved had put us in danger before by giving my ex husband, our abuser my telephone number, a woman who now had the power along with the courts to send me to prison for needing to protect my family.  We are deemed at high risk from fire and homicide, I have a domestic violence marker and vulnerable adults marker on my property, I spend every day looking over my shoulder, I could not believe that I was being attacked in this way by the very justice system that should be protected myself and my girls.

Mr Monaghan asked the lady present if a Judge was available to which she replied no and so he asked me once again for my flee/safety address, again in tears I refused and this is when he threatened to issue a warrant for my arrest. I was petrified but my reply was easy – “send me to prison I am not revealing my safe address or personal details to someone who is in contact with my ex assaulted and who has given my telephone number to my ex before.”

Mr Monaghan stood up and told me to leave the room.  I was then taken to a small side room and told to wait with a security officer present.  I was distraught and couldn’t stop crying.  Mr Monaghan appeared once again and I looked him right in the eye and said “You don’t know what that man did to me, he set me on fire.”  Mr Monaghan’s response “Get back in the room, shut up and stop being awkward.” I was still crying but followed him back into the room.

I cannot stress enough how broken I felt, how intimidated, frightened and bullied.

Mr Monaghan began to question me again and asked once again for my phone number and flee address, again I refused, he then went on to ask for my bank statements, again I refused pointing out that I have to flee on a regular basis and the location of my flee address shows up as I have withdrawn money from a cash machine across the road.  Mr Monaghan ignored this and asked me to go into the town centre, get my bank statements from the bank and return back to the court with them and reminded me that I faced imprisonment, I refused pointing out that I was also still recovering from a broken ankle that happened on Easter Monday but this wasn’t the point, I was not giving out my safety net, my sanctuary to the court in front of the claimant, I strongly felt and still feel that this would put not only myself but my children in grave danger.

Mr Monaghan continued to badger me for my details, threatening me repeatedly with prison, I was a mess, in tears and very distraught but I continued to refuse and so Mr Monaghan told me that a warrant would be issued for my arrest and I would go to prison for 14 days, my reply again was simple “if it means I have to go to prison for protecting myself and my girls I will do.”  I was told I was free to leave and so a police man escorted me back to my car for my own safety.

I rang the court twice a week since the 11 June to ask what was happening with the case, each time I was told the same thing, “nothing new” yet on the 25 June 2013 His Honour Judge Platts heard the case and decided that I should attend court on the 20 August to provide and I quote –“details of her bank account, her next intended address and her telephone number and produces copies of her bank statement for the last 6 months.” I need to state that I was not made aware of this until the claimant posted the summons on the 5 August when she returned after assaulting me despite all the phone calls and enquiries and I cannot convey how distressing this period of my life was as I sat and waited to be arrested and sent to prison on the word of a man, Mr Monaghan who refused to recognise my fear or distress.

Now I understand fully why the court needed these documents, a judgement had been ruled against me and I understand that I incurred a debt as a result of this. The fact that I have never purchased a laptop or asked the claimant to purchase a laptop for me and this was in fact an unenforceable debt under the Consumer Credit Act 1974 with no evidence supplied what so ever that a “credit agreement” had been entered into.  Despite this I knew that I did not have £929 to pay in one lump sum and so needed time to pay and so and this in mind I presented two options to the court along with a 6 page statement of truth outlining the history and my DV history once again only this time having to reveal much more of the abuse both my girls and I suffered in a hope that the court would final understand.  I submitted this along with supporting documentation, bail conditions for the claimant, log numbers and police officers names; this was done so that the court knew that the evidence and statement were fully substantiated.  Here are the two options and as stated I wanted to fully cooperate with the court.

1.    A sealed envelope to the Judge with all the information they require and a 6 page statement outlining the history and my DV history along with supporting documentation, log numbers and police officers names.  I was willing to provide all the information to the court as long as the claimant was not directly or indirectly privy to the contents, again I will state that the claimant has put me and my girls in danger once, I had to protect.

2.    That the court place an attachment on my benefits.  I have provided to the court verification that I am in receipt of benefits and after enquiries I know that this is something that some courts carry out on a regular basis.  In my mind this is the best option as my security net can be kept safe yet the court know that the amount deemed that I owe is paid on a very regular basis.

 

I submitted the statement of truth and the options to the court on the 19 August.

On the 20 August at 10.30am I appeared at Bolton County Court once again for questioning but this time I took along a witness and hoped that the court would allow her to be present.  I did not trust Mr Monaghan after he called my daughter a liar. 

My daughter was verbally abused whilst attending court with myself for support by the claimant’s mother who called her a “two faced cow.” Mr Monaghan was stood directly behind my daughter when this was said and yet has denied it in full to both myself and my daughter, what Mr Monaghan doesn’t know is that my daughter was recording and the claimants mother can be clearly heard making this remark along with the claimants friend’s voice along with the claimant telling her mum to be calm and sit down.

Myself, Katie Bradshaw my witness, Mr Monaghan and another woman who he again failed to introduce so I cannot tell you her name or her role went into a room.  Mr Monaghan asked me if I knew why I was in court and I replied yes and asked had he read my statement I had submitted the day before, his reply yes but it has “no bearing on this case.”

Mr Monaghan then went on to ask me for my details I again refused stating that it would put my family in danger and for him please to take my substantiated statement into account.

Mr Monaghan told me I was going to prison, that a warrant would be issued for my arrest, the bailiffs would arrive and I would be taken to court and then prison.  Again I was distressed but tried my best to remain calm and again pointed out that I could not give the details that my flee address was secret for a reason I also stated that I would not allow Mr Monaghan to make me a victim once again by bullying me into revealing my safe address, location or phone number. I can’t help but wonder how much the court and Mr Monaghan wanted me to disclose before they would take my security fears seriously!

Mr Monaghan did not care, he was rude and ignorant to the feelings and protection of a domestic violence victim and I will never ever forget his parting words.

“Wait for the knock on your door.”

Katie Bradshaw knew I was distressed and asked Mr Monaghan if he could clarify the situation and did he know when the bailiffs/police would come to arrest me, he replied saying it was summer holiday time and so again “wait for the knock on your door.”  I cannot convey what his words did to me and as a result I now have Mr Monaghan to thank for my PTSD flaring up again, I will spend the rest of my life waiting for the knock on my door, it is something we domestic violence victims do.

I strongly feel that Mr Monaghan needs full domestic violence training because after all the County Court is the primary court for many domestic violence victims, it is the place we come to for our anti molestation orders so we feel safe.  I am not “awkward” I was a very scared and distressed victim of domestic violence who had been put in that awful position through no fault of my own and faced either danger and perhaps another hospital visit or prison for not revealing my safety net.

I ask that Mr Monaghan and this case are now fully investigated and I will cooperate in anyway deemed as necessary that does not jeopardise my safety with the court.  Mr Monaghan acted in an unprofessional, arrogant and bullying way and has repeatedly threatened me with prison for withholding my safety information.  Yes he was working within the “law” but his treatment of me and the “law” caused myself and my daughters so much distress.

On the 29 August I appeared before His Honour Judge Platts at Manchester Civil Justice Centre after surrendering myself to a warrant issued for my arrest, I am being honest I couldn’t take the stress anymore and was at breaking point once again.

His Honour Judge Platts was gently in his handling and showed empathy, recognising that my past did have a bearing on the case but I knew his hands were tied by the current domestic legislation that is in place, it was reveal my safety net and endanger my family or go to prison, I chose prison.

At the last moment a friend stepped in and settled the £929 as the full reality of what was about to happen dawned on her.  I was a mess, I had broken down once again in court in front of strangers, strangers who had no option but to send me to prison for wanting to protect and all because of a small sum of money that I didn’t have the means to pay in full.

I ask that an upgrade is now looked at as a matter of urgency.  You will see from the other statements enclosed in this brief that my case is not an isolated matter and it has revealed some very dangerous practises within our criminal justice system.

Safe addresses are being disclosed on court documents, refuge staff threatened with legal action by judges for withholding safe addresses of victims, perpetrators turning up at refuges and endangering not only their victims but other women and children and refuge staff.

I ask for a personal reply if possible regarding my complaint about Mr Monaghan.

Kindest regards

 

Marie Heather Simpson/Eve Thomas