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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69523
Experience:  Over 5 years in practice
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In 2011 when my addict son was harrasing me I had a harrasment

Customer Question

In 2011 when my addict son was harrasing me I had a harrasment order put in place he served 2 weeks I understand. However, we have been on speaking terms for a while now and I have seen him on various occasions. Sadly he is in Chelmsford Prison and I have visited him twice without any problem. However today when I applied to visit again they told me I couldnt until the harrasment order was overturned. He only has me and I am desperately worried that if I dont see him he will suffer greatly. Please help me, I dont have any details with me but need to move fast to get this concluded.

Many Thanks

Wendy Phillips
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Jo C. :

Hi. Thank you for your question. My name is XXXXX XXXXX I will try to help with this. Who issued the harassment order?

Customer:

It was reported many times to the police he was arrested and then charged so I guess it was the courts, would that be right?

Customer:

I note you are not on line can you help please

Jo C. :

Do you mean a restraining order?

Customer:

I belive it was but I thought it was for 2 years only but it must have been open ended

Jo C. :

Yes, it may have been. Often they are open ended.

Jo C. :

That just depends on the decision of the court.

Jo C. :

If you don't want a restraining order then you need to return to the issuing court and ask for its removal but its not automatically allowed.

Jo C. :

The trouble is that the Court is likely to perceive this as you wasting their time I'm afraid. Unfortunately some people do that.

Jo C. :

There are some people who use the police and the courts as a mediation service.

Jo C. :

However, if you do not want a restraining order then that is your only option.

Jo C. :

Probably they will grill you a bit and then remove it.

Jo C. :

Obviously this would only apply to this occasion. If there are subsequent reports from you about him then it would be harder to get any order removed.

Jo C. :

Unfortunately this is the problem when the courts become involved in personal disputes - reconciliations become much harder.

Customer:

Do I go to the court myself or employ a solicitor, there hasnt been any incidents since early 2011 he has been in rehab and trying to sort himself out.

Jo C. :

Ultimately most families are going to reconcile at some point and its a lot easier to do that when everybody isn't on an order or on bail with conditions not to talk to each other.

Jo C. :

No, you need to go to the court.

Jo C. :

The attitude you may meet is that the reason there haven't been any other incidents is that you are protected by a restraining order.

Customer:

That is not the case as at my request we have been in touch since September 2012 after he came out of rehab. He has also visited me at home.

Jo C. :

I would be careful about telling the court that. That amounts to breach of the order.

Jo C. :

Although, in fairness, people do apply for these orders to be removed all the time.

Customer:

Oh I see but i have been allowed to visit him in prison twice already. How do I find out which court issued the order.

Jo C. :

yes, that will be just down to prison incompetence. They will only just have found out about it.

Jo C. :

The officer that dealt with you will be able to do tell you if your son can't. Its just whichever court sentenced him.

Jo C. :

I suppose you could get it from his PNC but he would need to apply for that.

Jo C. :

He could ask his solicitor to find out.

Jo C. :

You will be able to write to him. The prison authorities may read your post.

Customer:

I will have to go to the court then i am very naive about these things do i just turn up or do I make an appointment?

Jo C. :

You should really write to the court and CPS and put them on notice of your intention to make this application but, yes, you can just turn up and you would be treated as though you were making a statutory declaration. They won't necessarily deal with it on the same day but any court can deal with an application for removal.

Jo C. :

Ideally he or his solicitors would make this application but you can make it.

Customer:

Ill have to do some digging then I live in Chingford so it may have been enfield, Im unsure ill look at the paperwork. Thank you

Jo C., Barrister
Category: Law
Satisfied Customers: 69523
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.

No problem and all the best.

It shoud be easy enough to find out where he was sentenced.

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