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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70510
Experience:  Over 5 years in practice
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Police have applied court injunction on my partner to

Customer Question

police have applied for a court injunction on my partner to stop him contacting me or coming within 100 meters of me after a domestic. I did not consent to this and i just want him home how can i stop this?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Have you called the police to a domestic squabble?
Customer: replied 2 years ago.

yes i did and withdraw my statement but they have still applied for a non molestation order against him stopping him coming home or contacting me or the children

Expert:  Jo C. replied 2 years ago.
Is this the first time you have done this?
Customer: replied 2 years ago.

yes and have just heard they have granted the injunction for 28 days. I just want him back home

Expert:  Jo C. replied 2 years ago.
If this is a domestic violence protective notice then that cannot be removed.
it is usually for 28 days and it is added whenever the police apply and lasts for 28 days.
They do not use it in every case. Usually it is preserved for people who have a bit of a habit of calling them I'm afraid. The difficulty then is that they cannot be deterred though.
I'm afraid the only way to avoid that for the future is not to make calls to the police arising from domestic rows.
If it is a non molestation order or a restraining order then you can get that removed by applying to the court.
From what you say though, if I can be wholly honest, you have called the police, made a statement and sought a non molestation order and changed your mind and this is not the first time. I'm afraid that is exactly the type of thing that domestic violence protection notices were designed for and they cannot be removed upon your application.
I'm very sorry but I can only give you truthful information and this can only be avoided if there are no further reports.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

I never sought the non molestation order though i told them i didnt need or want it but they did not listen

Customer: replied 2 years ago.

it is a non molestation order so i can apply to get it removed

Expert:  Jo C. replied 2 years ago.
If this is the police then it will be a restraining order rather than a non molestation order.
Your partner needs to apply for its removal and you can give evidence.
The court may not agree. It will not if you have history of doing this generally. However, an application can be made.
Customer: replied 2 years ago.

ok thanks for your help

Expert:  Jo C. replied 2 years ago.
No problem and all the best. Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/