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: 70694
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

My partner is serving a 8 month sentence of a restraining

Resolved Question:

My partner is serving a 8 month sentence for breach of a restraining order. ( he sent a facebook request to his ex partner) He pleaded guilty and has now served 10 weeks of his sentence. My question is: Could he be released and tagged? He has applied but not been notified of a decision and if he serves half the sentence will he be sent to a bail hostel until his sentence is served? Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
He can apply but realistically it may be academic. He will be released at the four month point anyway and he is almost there. It is possible that he could be considered for home detention curfew but, in truth, it isn't an offence that would be particularly likely to lead to this outcome. He is already subject to a restraining order which he has breached. I know the reality of these things is that they are very easy to obtain and usually used by women to control their partners but it is difficult to get a court to accept that. Sorry but that is the reality I'm afraid. Can I clarify anything for you? Jo
Customer: replied 2 years ago.

Thank you for the response to my first question, but I didn't get a reply to the second query. If my partner serves half his sentence ( 4 months) would he be then sent to a bail hostel to serve the other 4 months? I ask this question because in trying to find information on the Internet it seems to imply that people with a sentence of 12 months or over can be sent to bail hostels but doesn't state anything about people who have a lower sentence than 12 months. We are aware that he will have to have a probation order but hope he doesn't have to spend time in an hostel.

Expert:  Jo C. replied 2 years ago.
Thank you.
you have left a negative rating. I will be happy to continue with this if that was a mistake.
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.
It is as I have said really.
He will be released automatically at the halfway point. He will be subject to licence then but usually free to go home.
People can be released early either at a bail hostel or otherwise on HDC
Jo C. and other Law Specialists are ready to help you