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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70653
Experience:  Over 5 years in practice
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Hi, Ive had an indefinite restraining order issued against

Customer Question

Hi,

I've had an indefinite restraining order issued against me in the magistrates court, I was issued with a fine and community order which involved having to attend anger management counselling as part of the sentence. I have completed the anger management course satisfactorily, the order has been in force for about 2 years now. I've not been trouble with the law ever since. I would like to have the restraining order removed, as there may be a possibility that my wife and I may reconcile in the future, barring the fact that we may reconcile this order obviously causes a strain on the relationship with my baby daughter.
What would be the best approach in having this removed?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
Hi.

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

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Why was the order put in place?
Customer: replied 4 years ago.

The order was put in place because my wife and I had a domestic dispute that resulted in me being charged with common assault. I pleaded guilty to the offence in the magistrates court. I was given a fine and sentenced to a community order that involved me attending anger management counselling.


Its been over 2 years since the order was put in place.


 


1. There may be a possibility of a reconciliation between my wife and I.


2. Barring a reconciliation I have a baby daughter and this order puts a strain on my relationship with my daughter.


 

Expert:  Jo C. replied 4 years ago.

Will she support your application do you think?
Customer: replied 4 years ago.

 

 

 

Assuming she does support it, what would the pro's and cons be of :

 

1. She making the application to have the order removed.

2. I making the application to have it removed.

Expert:  Jo C. replied 4 years ago.
Was this imposed by the family court or the criminal court please?
Customer: replied 4 years ago.

For Jo C


 


The order was issued by the magistrates court, shortly, after I pleaded guilty to the common assault offence. Can one assume then its the criminal court that issued the order?

Expert:  Jo C. replied 4 years ago.
Yes, that will be issued by the criminal courts.

You can apply for removal of the order at the issuing court. However, it would be better if she applied for removal of the order since she was the person responsible for seeking it. They have much better success rates if the ostensible victim applies for removal.

There are no guarantees obviously basically because the criminal courts have had enough of people messing them about and seek orders and then not enforcing them but that is your best chance.

In relation to contact with your child, a better option from your point of view is to get an order from the family court of contact and then seek a variation from of the non molestation order from the criminal courts. That would be allowed. The days when women got away with using these to obstruct contact have gone.

Can I clarify anything for you?

Jo