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Clare, Solicitor
Category: Law
Satisfied Customers: 33004
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner had a restraining order granted against her over

Resolved Question:

My partner had a restraining order granted against her over 5 years ago in favour of her then psychiatrist after a very minor non-violent harassment case, this culminated in a suspended sentence - the order has no term.
She would now like to have the order lifted. She has undergone therapy in the intervening period and her therapist agrees she is no longer at risk of offending again and she has had no contact with the psychiatrist since the order was invoked.
Can she now simply apply to the court in question with the evidence in the form of an affidavit / statement from her therapist...? What process is involved? Does the Psychiatrist have to agree?
Submitted: 3 months ago.
Category: Law
Expert:  Harris replied 3 months ago.

Hi, thank you for your question. Do you have a copy of the restraining order which you can attach here?

Customer: replied 3 months ago.
I'll get her to dig it out and send it to you asap...
Expert:  Clare replied 3 months ago.

My name is ***** ***** I have been a solicitor for more than 30 years.

The wording of such Orders given by the Criminal Court is in fact standard.

The question that is important is why your partner feels that the Order needs to be lifted?

Customer: replied 3 months ago.
She feels that she was wrongly accused in the first place and wants to bring closure to the case in her mind. The case was brought by the police after her then partner approached the psychiatrist after her arrest whilst she was under caution. The police then decided to prosecute her for harassment even though all she had done was knock on his door and stand outside his property a couple of times prior to her arrest - she had observed the caution following her arrest however unbeknownst to her, her partner attempted to contact the psychiatrist which resulted in the police bringing the prosecution. At the time she was quite unwell and was under this psychiatrist's care - he dropped her case and his wife pressed for prosecution. She was poorly defended by a duty solicitor whilst quite unable to defend herself.She would now like to remove the Order to gain closure.
Expert:  Clare replied 3 months ago.

Then I am sorry there is certainly no chance of the Order being lifted.

This would only happen if the Order was causing her specific problems - or if the other person involved supported the applictaion fully and the Courts considered it was safe to go ahead.

It is not possible at this stage to revisit what happened - and since there is no reason why she should ever need to contact this person again then the Order does not cause her any inconvenience.

Sadly the mere fact that this is the (entirely understandable) reason she wishes for it to be looked at again would be seen as being a good reason NOT to grant it.

The fact that she cab show that it woudl be safe to lift it is simply not enough

I am so sorry not to give better news

Please ask if you need further details

Customer: replied 3 months ago.
One of the reasons she is wanting to have it lifted is she is a French citizen who has lived in the UK for nearly 30 years and has had children here with her ex partner and wants to seek UK citizenship and is fearful that the existence of the Order will count against her... I think the Tariff on the suspended sentence has now expired would this be reason enough or would the vetting process look at this regardless and the Court would therefore not regard this as necessary...? Can you explain why there is no term on these orders it seems extraordinary that they can last forever even when the parties no longer know where each other are and have no contact or likelihood of contact?
Expert:  Clare replied 3 months ago.

The reason they last indefinitely is to ensure that there is no further risk given that obsessions can be life long

This is imposed by the Criminal Courts - not the Civil Court, and it is based on the circumstances of each case

The fact that she wishes to apply for UK citizenship would not be sufficient - but the fact that it happened would still need to be declared in any event

Clare, Solicitor
Category: Law
Satisfied Customers: 33004
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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