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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70834
Experience:  Over 5 years in practice
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My partner has an injunction to stay away from me, but I am

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my partner has an injunction to stay away from me , but I am disabled , he helps with everyday life but the police wont lift the injuction on him even though I have asked them to
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: he choked me and I reported him to the police , I need him with me

How did this injunction come to be?

You clearly want contact with him. Why was this injunction imposed?

Customer: replied 1 year ago.
because the police did not want him in my house after he attacked me , he has to stay with his dad who he does not get on with at all

Yes, but how did they come to discover this?

Since you want contact with him I presume you wouldn't have called the police?

Customer: replied 1 year ago.
my mum had a stroke which has left me all alone , I have told the police I need him with me but they take no notice
Customer: replied 1 year ago.
no I wouldn't it was a spur of the moment thing

So you did call the police?

Customer: replied 1 year ago.
i just need some advise as to what to do next

I need the information I asked for?

Customer: replied 1 year ago.
he attacked me during an argument , didn't hurt me , i called the police next thing i know he had been ordered to stay away

Is this the only time you've done this?

Customer: replied 1 year ago.
if he left his dads house his dad would report him resulting in his arrest
Customer: replied 1 year ago.
I'm sorry if I'm not making myself clear , i myself have progressing m s I'm very foggy

Sorry but I'm not sure what you mean?

You did report this or you did not?

Customer: replied 1 year ago.
i did
Customer: replied 1 year ago.
i was very scared of him at the time

OK. Is this the first time you have done this?

Customer: replied 1 year ago.

Is this a domestic violence protection notice or a court ordered restraining order?

Customer: replied 1 year ago.
yesdomestic violence protection order from court

In that case, there is no realistic point in an appeal.

This will be limited in time and any appeal would take too long to be heard.

If it were a restraining order then that would be different.

I'm afraid the only way to avoid this now is not to make reports to the police. That is not to say that you have to put up with any abuse of course. You just sort it out yourself and then you have control over the situation.

Customer: replied 1 year ago.
ok thankyou

In fairness, the police have to justify how taxpayer's money is being spent and it isn't sensible use of their time to continually attend at the same addresses.

It is just unfortunate for people like you who have never done this before because you get tarred with the same brush as people who do it all the time.

DV notices expire usually after 30 days though. They are just not worth appealing.

The police say that it gives the complainant a period of respite although the real purpose for which they are used is to ensure that regular and repeat accusers face a consequence for continually wasting police time.

It is just unfair for people like you.

But this will be over before you know it and can be avoided for the future.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
no thankyou i understand , thankyou again . miss carrianne haley

You are welcome.

All the best.

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