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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Does breaching a restraining order carry any minimum prison

Customer Question

does breaching a restraining order carry any minimum prison sentence?my freind was given one for a summary harassment offence
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
I assume this was imposed in the criminal court?
Customer: replied 2 years ago.
yes
Expert:  Ash replied 2 years ago.
What was the breach please?
Customer: replied 2 years ago.
phoning the victim and laughing at her calling her a tart
Expert:  Ash replied 2 years ago.
How many times.
Customer: replied 2 years ago.
once
Expert:  Ash replied 2 years ago.
Then it is likely to get a Community Order for breach of it. Clearly if it is breached in future then the Court wont be as light.
But based on the above its a Community Order.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
but it states 5years maximum sentence when a restraining order has been broken
Expert:  Ash replied 2 years ago.
Yes. But the sentencing guidelines say one single breach like this is a community order.
Alex
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 2 years ago.
im worried i might get summonsed for a motoring offence (failing to report a accident)its been 3 weeks and ive received no letters from police or the courts,do police have 14 days to summons me?
Expert:  Ash replied 2 years ago.

I have answered on your other question.

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