How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

My 42 year old son Oliver who is -polar and currently in

Resolved Question:

My 42 year old son Oliver who is bi-polar and currently in a psychotic state has assaulted someone who has a business next to his art studio. The police became involved and a restraining order was served which appears to preclude Oliver from using his studio. However the man assaulted is very aggressive and has provoked Oliver and several others working in the studio in the past. Oliver's friends in the studio are very supportive and do not want Oliver to leave.
Questions: Who serves a restraining order, the police or a magistrate? Is it possible to get a restraining order lifted and if so how?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
They are always served by the police. They cannot be issued by the police. Only a court can do that.
But what the police can do is serve and issue a harassment warning which might be in similar terms.
The other thing the police can do is bail him on conditions with a geographical restriction such as not to be in the area in question.
He can make an application to remove a restraining order to the issuing court but I have to be honest and say it is not likely to succeed. You might get the terms narrowed maybe but if this is a person with bi polar who has assaulted somebody then it is likely that the Court would think a restraining order was required.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Dear Jo,

I' m not quite clear what you mean. I guess what you are saying is that if a restraining order has been issued it would have been by a court and served by the police. Is that right? I take on board what you say about the likely chances of having it lifted. Thanks

Expert:  Jo C. replied 1 year ago.
Yes, if it is a restraining order.
What is may be is a harassment warning.
Or just bail conditions.
If it is a restraining order then you may be able to get the conditions varied. That said, you might want to think about whether that is a good idea as it is an opportunity for it to kick off again.
Jo C. and other Law Specialists are ready to help you