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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello,is it possible to have a restraining order amended/removed

Resolved Question:

Hello,is it possible to have a restraining order amended/removed ,or even get an end date? It dates back to 2010 and had no end date. I see my son and ex partner and have been doing so for some time!
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether your ex would consent to the restraining order being removed?

Customer:

I would like to think so,however, I can never judge how she would react, and I am very nervous of this.We have been seeing each other for around 8 months,so I can see my son,and we seem to get on very well. She lives in fear of our son being removed by social services continually, which I do not understand as they have informed me in the past that that wouldnt happen,and if we got back together,theyd only do a reassessment? Every time in the past when we have seen each other,the welcome has always turned to fear of removal and I have always left, I do not in any way wish to jeopardize the situation as it is,and fear a bad reaction. However living for the rest of my life with this restraining order is making me ill. So at the moment, I feel that she shouldnt be informed.

Alex Watts :

If she agrees then a Judge will remove it.

Alex Watts :

If she does not agree and does not attend Court or confirm in writing she will agree, then a Judge won't remove it.

Alex Watts :

The Court never re-assesses an injunction

Alex Watts :

Either party can apply to have it varied or removed at any time

Alex Watts :

But the other side would be allowed to give representations.

Alex Watts :

If you want it removed then generally the other side need to agree.

Alex Watts :

So if she will not consent, then it is highly unlikely a Court would remove it.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you for your answers,one last question! Why on earth would the social services tell me one thing about my son,yet my ex being told absolutely the opposite..she is in complete fear of losing him( and its always when Im there,even when she has informed me that shes be told the case is closed? We have both been seen together by the social services over 3 years ago and our son wasnt removed

Alex Watts :

I can't answer that - its something you would need to ask Social Services.

Alex Watts :

But you can apply to have the Order removed if you wish

Alex Watts :

Does that help?

Customer:

Yes, thank you for your help! I have a lot to think about!!!

Alex Watts :

Great. Can I clarify anything else for you about this?

Customer:

At the moment,I know that I shall have to talk about this to my ex,and really believe that she will use it against me as she always has done because of the fear over our sons removal,I have never been informed by anyone that I have ever been a threat to him! The court did instantly remove a civil order she placed over the top of the court one asking it to be strengthened till the day I die(her words),As the court removed that Im left wondering why nothing was done over the original Order? The judge actually came off the bench to talk to me after the case,but nothing ever happened. My ex never discusses this with me and I find myself at a loss as we seem to get along perfectly ok! I feel as if Im always being controlled by her wishes ,long after the case has been closed according to her..so, is the case really closed?

Alex Watts :

Yes I understand it is hard. Once the injunction is granted a case is closed until either party apply to vary or discharge.

Alex Watts :

Does that help?

Customer:

Now I know what she meant when she told me the case is closed.....heavens, she thought it was a good idea if I moved next door to her when the place became available..which it did,but I declined!!!! I need very much to consider what youve told me,..I feel cleverly misinformed by an absolute truth..once again thankyou

Alex Watts :

Indeed. Can I clarify anything else for you today please?

Customer:

No,its as far as i can go at the moment!!!!!!

Alex Watts :

Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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