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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice
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I have a crown court. hearing restraining order removal

Resolved Question:

Hi
I have a crown court. hearing for a restraining order removal against my ex partner
Will I need to take a solicitor? And do I need to inform the ex of my intentions and invite him to the hearing too?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Have you done this before?
Customer: replied 1 year ago.
No it's the first attempt
We have been thru social services and have cleared process I sent a copy to the courts
Our relationship is over and it's for the benefit of our son to see his dad more as we are restricted to a third party
Expert:  Jo C. replied 1 year ago.
Have you made many allegations to the police?
Customer: replied 1 year ago.
Only at the original point 30.12.14 when the offence took place
There has been no incidents since and we have continued with the third party
Expert:  Jo C. replied 1 year ago.
Have you done this to other partners though?Or other relatives?
Customer: replied 1 year ago.
No.
The restraining order was asked by the police at the point of statement and although prior to sentencing the police n cps(? I think) asked for more opinion from me I did refuse any additional requests as I was under considerable stress at the time of the incident. No time frame had ever been discussed or agreed and upon sentence this was made indefinitely. The relationship terminated at that point and ex partner did get sentenced to prison.
Customer: replied 1 year ago.
Sorry I need to add this
During the relationship there was domestic violence and the police were called a couple of times, I therefore have ensured that all safeguarding procedures have continued but it is with certainty and knowledge that because the relationship between us is over that is no longer an issue.
Customer: replied 1 year ago.
As daft as this sounds I live in a village. The ex is prohibited from entering my street or to any residence I live at. The simple option of dad going to my son's school albeit on a different street isn't an option because people's presumptions are he's banned from the village. This makes "normal father son relationship" very difficult to maintain and is very limited with only one third party being enabled, we did not use the facility of a contact centre as social services were unable to accommodate.
Expert:  Jo C. replied 1 year ago.
Ok. What was the offence? How long ago?
Customer: replied 1 year ago.
Date of conviction 30.12.14
Offence assault by beating and affrayOrder made under s5(1) protection from harassment 1997He had a total sentence of 11months and served 6. He had no probation or conditions upon leaving other than the social services requests and this order.
Expert:  Jo C. replied 1 year ago.
It is always difficult to get these orders removed.However, I do think you have a reasonable chance. You don't have a long history of doing this as most of these 'victims' do. That is something that will count in your favour.I do think some form of variation is inevitable.
Expert:  Jo C. replied 1 year ago.
The only issue is whether they would remove it completely or vary it to allow contact. Courts do tend to favour variation orders.You don't need a solicitor. The application should actually be his as the order binds him not you. The Court will find a way around that.CPS are entitled to notice though. If you don't give them notice they will get it adjourned.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
Yes I agree I think a variation would be considered first however I can't foresee how much more varied this could be.
I feel it's having a detriment to our son's wellbeing because of the limited access but I don't know if it's a reasonable judgement to inform the court, as although I complied with all agency requests they were unable to support my son because of lacking facilities on their part. Therefore I am relectant in part for them to be requested to be involved again I know this could be asked of, and I will accept.
Do I need a solicitor or is it just a case of explaining myself to the judge and does the ex need to know and be there too? (I don't want to break any conditions of the restraining order)
Expert:  Jo C. replied 1 year ago.
Oh yes, it will be. Having his father in prison would have been detrimental. No, you don't need a solicitor. He could use a solicitor to make the application but you would just be a witness to be called. The court will get around that.Your ex should be there.
Customer: replied 1 year ago.
Yes I have informed cps of my intentions but have no response
The police have confirmed a note on file awaiting update from the court
Customer: replied 1 year ago.
Ok sorry think this is my last question
To inform the ex is it legally correct for me to directly write to him at a postal address from me or via the third party or solicitor?
Expert:  Jo C. replied 1 year ago.
Oh no, you won't get a response. They probably won't have looked at it. But the fact you have notified puts them in a position where they can't seek an adjournment.You can contact your ex. The order binds him not you.
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Jo, thank you I can calm my nerves now,
I'm not experience in judges/courts and having just some of this knowledge has helped me tremendously, thank you.
Expert:  Jo C. replied 1 year ago.
No problem and all the best. Please remember to rate my answer. 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 Jomo1972’.