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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34124
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have 6 month restraining order on me.my partner wants this

Customer Question

I have 6 month restraining order on me.my partner wants this removed as my son has been threatened and needs me back home to look after him,how do we get this order removed?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When and why was the Order made?
Clare
Customer: replied 2 years ago.

4th november

order made because I smashed my car up with a baseball party and my partner was fearfull for her saftey

Expert:  Clare replied 2 years ago.
Hi
was it made by the Magistrates within Criminal proceedings?
How old is the child and are Social Services involved at all?
Clare
Customer: replied 2 years ago.

13 no social services are not involved

Expert:  Clare replied 2 years ago.
Hi
Just to be sure - Social Services have not been involved at any point
Clare
Customer: replied 2 years ago.

No

Expert:  Clare replied 2 years ago.
Hi
Good - I needed to check because if they had they could have caused a great deal of trouble in the process.
You will need to apply to the Magistrates court for the discharge of the Restraining Order with the written support of your ex
Alternatively she can write to the court her self explaining that she wants the Order lifted or varied. They will write back to her with a hearing date, and then she must serve notice of the hearing on you. You both need to attend for the hearing,
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi

Is there a template letter I could use?

Steve

Expert:  Clare replied 2 years ago.
Hi
Not that I am aware of I am afraid as it is entirely based on the facts of your case and the reason for the request
If your ex is the one writing she needs to confirm that she does not believe that she still needs the protection of the Order and explaining why she wishes it to be lifted
Clare

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