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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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If you have a restraining order against you from 3 years ago,

Resolved Question:

If you have a restraining order against you from 3 years ago, in that time at no time have you breached that order and you have not been in any form of trouble, can the police then arrest you for a breach when you have only driven to the place and waited in the vehicle with witnesses, have had no contact with the person who brought the restraining order in the first place, he is due to interviewed tonight and he is very worried.
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.
What do the conditions of the restraining order say?
Customer: replied 1 year ago.

We know he was not allowed in the town, but he was in the carpark in the car and was with his partner and daughter waiting for his stepson to return from the shop, the only other time he saw his ex was when he was driving and again his partner of 5 years was with him - He doesn't know what they said as he has lost his papers. The police have text him to say that he was in breach, but he does not know what the breach is or where it happened. He has tried to contact his lawyer from that time unfortunately the solicitors office was burnt down and he is having trouble trying to contact them.

Expert:  Jo C. replied 1 year ago.
Was he within the area he was not supposed to be?
Customer: replied 1 year ago.

He was - but he didn't think about it as he did not leave the car, he was waiting for stepson who was in the shop, his stepson has just been diagnosed with type1 diabetes so could not leave him on his own- he did not have any contact what so ever with his ex- He has discovered that his ex's father has been asking questions about him, he is also concerned that his ex's new partner is a police officer and it has only happened since he found out that they have been asking about him, he lives in another village 10 miles away and has to by-pass the other town for work, so he really is concerned about this.

Expert:  Jo C. replied 1 year ago.
How long done the order last?
Customer: replied 1 year ago.

It has been 3 years

Expert:  Jo C. replied 1 year ago.
Yes, what I need to know is how long does the restraining order last?
Customer: replied 1 year ago.

we have know idea, he does not even know how long it is in place for and if there is such as an indefinite period that they can be in place for

Expert:  Jo C. replied 1 year ago.
Well, it could be. You need to get to the bottom of that to be certain of this.
In principle though he would seem to be in breach and he can be arrested for breach. If the restraining order does prevent him being at the location at all and he was then that is a breach. He doesn't have to be there with malevolent intent.
The length of the order might be an issue.
I'm very sorry but this is a breach.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Thank you, ***** ***** hoping that the outcome will not be the worse, but as he has no idea, what where and when he was in breach is causing anguish for him and his new family, he has really pulled his life around and there are others who appeared to be trying to pull him back to a place where he no longer is or wants to be.

Expert:  Jo C. replied 1 year ago.
I'm sure the police can give him a copy of the order.
Usually they are very simple written in the barest of terms.
Probably geographical restriction and non contact.
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