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JG_Legal
JG_Legal, Barrister
Category: Law
Satisfied Customers: 46
Experience:  Experience of consumer law, financial regulation and criminal law.
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I am looking advice regarding getting restraining

Resolved Question:

Hello
I am looking for legal advice regarding getting restraining order against a Person who was abusing my daugther few months ago ... The case was reported to the police but due to not enougt evidence they can't take it to the court ...His bail ends 16th September and only today I find out that nothing else I can do but to take private legal advice .Please advice .
Ragards
Mrs Streich
Submitted: 2 years ago.
Category: Law
Expert:  JG_Legal replied 2 years ago.
If he is still on bail it means the police are still investigating the allegation and therefore it is still being considered whether or not to charge (i.e. prosecute him).How do you know it won't go to court?
Customer: replied 2 years ago.
Because the CPS alrady confirm they will not take it to court and after the 16th he is a free and like nothing happen due to the fact the not enough evidenc ! Aparently my dauthets vido statment and my son witnessing the abuse is not enoguth !!
Expert:  JG_Legal replied 2 years ago.
He should have been released from bail once the CPS took the decision not to prosecute. It is very strange that he is still on bail in the circumstances. Unfortunately the Court can only apply a restraining order against a person on conviction or acquittal. An order cannot be made proceedings are withdraw or discontinued. So, in the circumstances you describe a restraint order will not be made by the court. You can go down the private prosecution route, but this is very expensive. I find it strange that the CPS have decided not to continue the prosecution if, as you say, there is a witness. Usually the account of only the victim is enough. I would recommend you contact the police for further information as something doesn't sound quite right.If I have answered your question please accept my answer. If not, please feel free to ask for further clarification.
Customer: replied 2 years ago.
Thank you, ***** ***** it really strange myself from the beginning the whole investigation. From day one ( when my daughter reviled the horrible facts that he ( Mr B...) is tacking her in private places - the policeman was discouraging me to go any further and when I said that my daughter will not be comfortable with the fact that he is a man and asks here all there really personal and uncomfortable questions even for some older person - he totally ignored that ! ..... I somehow feel there was no enough effort to bring this monster to justice ....
Customer: replied 2 years ago.
...just to add the reason I want restraint order is that the threaten to stab my husband ! .... I reported this to the policemen how was investigating and he just said - what would he do that ? he haven't do anything so far ??? ... So i said -of course he has not done anything jet - because he is on bail .... His answer was - o so just call the police is he will !!!
Expert:  replied 2 years ago.
Ok, I think you need to raise a complaint with the Superintendent at the police station of the officer you have been dealing with. Explain what you have told me as it does not sound right. If I have answered your question please accept my answer. If not, please feel free to ask for further clarification.
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