Darren Hogan from Wolverhampton has had a restraining order doubled.
Hogan pleaded GUILTY to harassment and received the 12 month restraining order to protect his victims.
After 3 month, Hogan took advice off his ‘friends‘ to apply for his restraining order to be revoked, Hogan claimed his victim was using the order to harass Hogan?
A case was brought and the victims we asked to attend a hearing on the 5th of March that was initiated by Hogan. The victims had to travel over 100 miles to the West Midlands to listen to a convicted person asking for his restraining order to be lifted.
The West Midlands police had informed the victim via the courts that both Police and CPS oppose the application as Hogan will certainly pursue his course of conduct.
The victim instructed a Solicitor to attend as it was apparent that the application was an abuse of process and it was important that any attempt to have it lifted was properly represented.
As soon as the hearing was under way on the 5th March 2018, Hogan was made aware he was up against a solicitor so made an excuse to the court that he had not made childcare arrangements and had to leave.
The court was annoyed why Hogan had taken so much effort in an application but failed to make childcare arrangements for the day of the hearing. The victims who also have children had made suitable arrangements and travelled all that way at a significant expense.
Due to the involvement of children, the court had no option to adjourn the hearing and all efforts were made by the court and the victims to agree a date and time suitable to Hogan. The date was agreed as 19th April at 2pm.
It was put to the magistrates by CPS and the victims solicitor that the application was without merit and was a form of harassment intended to cause the victim distress and forcing him to travel to an unwarranted hearing.
Hogan was put on notice that the victim would be asking for the order to be extended (not revoked).
The victims attended court on the 19th April 2018 after against travelling over 100 miles and instructing a solicitor. They arrived with an hour to spare to ensure they did not delay matters.
At 2pm, the court ushers called the victim and Mr Hogan. Mr Hogan had not arrived, scared to face cross examination. The court gave Hogan almost an hour the attend but realised that this was part of his tactics and proceeded without him.
CPS presented the original case to the Magistrates who were clearly disgusted with Hogan.
It was said by magistrates that Hogan had abused the application process to try to bypass police. They said if he believed he was ‘harassed’ then he should report it to police, not try to bypass police and apply to remove a restraining order.
CPS advised the Magistrate the application was without merit and was construed of material that was “unfounded and harassing” to the victim.
CPS re-emphasised to the Magistrates how Hogan had published disgusting and malicious articles targeting the victims children relating to an arson attack.
The Magistrates took a dim view of hogan and rejected his application on the merits alone. They took a dim view of Hogan as he failed to attend a hearing arranged specifically for his attendance. If Hogan had no intention of attending, the hearing could have taken place on the previous visit.
The magistrates then considered evidence presented to the court and decided to double Hogan’s restraining order.
The Magistrates commented on the inefficiency in Police for stopping HOGAN and lack of protection for the victims. A letter from Wolverhampton CID clearly stating that Hogan was committing crimes and breaching is restraining order was not in the public interest.
A civil claim is now being prepared to recover costs from Darren Hogan.