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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 33004
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I need help writing a letter to a judge at court to get a non-molestation

Customer Question

I need help writing a letter to a judge at court to get a non-molestation order discharged. It has run for approximately 18 months but still has 18 months to run. How do I best go about this. I am only on income support but have been told that this cannot be covered by legal aid due to the changes which came into effect from April this year. I have even approached solicitors to see if the exceptional circumstances for legal aid can be used here but it seems that solicitor companies are not quite up to speed with this and are not sure if I would qualify. I am effectively left to deal with this on my own and need some help please.
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.

Hello, I am Law
Denning and I am a practising solicitor in a High Street practice. I have been
an expert on this website in UK law since 2008. During that time, as you
appreciate, I have answered thousands of questions from satisfied users on a
variety of subjects.

Because we are all in
practice with clients and court and other users, I might not always respond in minutes, particularly evenings and
weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

As you are presumably not
going to molest whoever it is who got the order against you, why do you want it

We need the full background

Customer: replied 3 years ago.

I was a victim of ABH in January 2012. The perpetrator was my boyfriend at the time who was subsequently arrested and sentenced to 12 months (6 months imprisonment and 6 months on licence). He was released in July 2012 and was living and is still living at a Salvation Army place in the local area. The judge put a three year restraining order in place at the time of sentencing to January 2015. I was reluctant to even have this put in place as I was aware that he was suffering from mental health issues at the time and his mother had recently lost her eye to cancer so there were possible reasons as to why his behaviour had changed. I did not attend court on the day of sentencing but the judge imposed a three year order of non-molestation.


I want to have this removed as the Salvation Army will have been helping him with key workers etc to turn his life around and he will continue living under their supervision with random drug tests and alcohol tests etc to keep him on the right track. I believe he has served his time and licence period and almost an additional 6 months of the three year restraining order and I want to move forwards from this myself and have the order discharged.


At the time of the assault he was suffering from mental health problems but the medical team who were assessing him at the time were, I believe, somewhat negligent and so the weight of his mental issues was thrust upon my shoulders. Had they cared for him more intently then the assault may indeed not have taken place at all.


I believe that every person has the ability to change and rehabilitate. I believe he has undertaken several courses whilst in prison to this end also. However, I believe he needs to possibly have continued support from the Salvation Army and possibly, I am not sure what your thoughts are on this, it might be something for me to suggest to the judge in my letter that he enrol on either cognitive behavioural therapy courses/and/or other programmes such as Respect - Domestic Violence Perpetrator Programmes.


I suffered with Postnatal Depression when I had my youngest child who is now 7 so am aware of how mental health can affect the quality of people's lives and also how with the right support networks in place, people can turn their lives around.


I love this man and want to have the order discharged as I no longer feel I need the protection of the order but I am equally keen for him to remain with the Salvation Army and to keep moving forwards. However, with the restraining order in place I am unable to have a relationship with this man on any scale and so it is hindering this going forwards.


The Salvation Army have a very Christian approach to people and believe that with the right help they can rehabilitate successfully. I am also of this belief that people can rehabilitate with the right support but the powers of the restraining order mean that any form of a relationship with this man is hindered going forwards.


I am not entering into this lightly as I have children but the man will not be living with me and my two children as he will remain with the Salvation Army for the foreseeable future. His parents live in the street opposite where I live and his place of residence is in the same postal code area as me too.


I need to present a letter to the judge I am told to show this in the best way possible as I cannot it seems get any help via the legal aid scheme but am not entirely sure how to present this in the best possible way for a successful outcome.


Please can you assist me in any way.


Many thanks for your kind attention to this matter.



Expert:  Stuart J replied 3 years ago.

I don't
think that I am suitably placed to advise you on this sign going to opt out for
another expert. There is no need to do anything because it is now open to all

Please do not reply until another expert joins the thread. Otherwise it comes back to me. Thanks

Expert:  Jo C. replied 3 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

If this is a restraining order consequent upon a sentence of the criminal courts then you need to make an application in person rather than a written application.

However, the chances of it being removed are very low in particular if you asked for a restraining order originally. Criminal courts do sometimes remove orders but you have to show really substantial grounds.

You could rely on the fact that you are of the view that he is receiving assistance. That might persuade the court.

I should mention though that if you are successful and there are subsequent reports to the police then it will be replaced whether you are keen or not unfortunately.

I am very sorry if this is bad news

Can I clarify anything for you?

Expert:  Clare replied 3 years ago.
If your children are under 16 you should also be aware that Social Services may have considerable concerns about your actions which could impact on your continuing care of them

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