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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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My partner was harassed at work 2 years ago, the man who did

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My partner was harassed at work 2 years ago, the man who did this was charged with a public order offence by the police. After he was charged he waited for her at her workplace late at night and followed her. The police issued him with a harassment order.
He was found guilty of a public order offence at a Magistrates Court and was issued with a restraining order for 12 months.
He appealed his conviction at the Crown Court 5 months later and was successful , however the judge extended the restraining order which expires mid December 2016. We have discovered this week that he has tried to have the restraining order quashed 5 times since April this year - twice in the magistrates court and 3 times in the crown court. My partner has only been informed on one occasion - last week by the magistrates court - and that was only by chance. She has had no notification from the police. She has therefore been given no opportunity to object or comment in any way.
Can he keep making these applications to the court whenever he wants - and also in both courts?
Many Thanks
Submitted: 5 months ago.
Category: Law
Expert:  Jo C. replied 5 months ago.

hello i can help you here. has this person been in trouble with the police before.other then your restraining order?

Expert:  Jo C. replied 5 months ago.

Just out of interest, why are you involved in this? Just thinking of your safety.

Customer: replied 5 months ago.
Hello,
Yes he was in prison (young offenders) in 2012 for approx 6months after he assaulted his partner.
I'm just filling in the on-line form for my partner - i'm perfectly safe thanks!
Expert:  Jo C. replied 5 months ago.

Ok. Don't get involved in this. I have seen too many men end up in trouble because they are sorting out their partner's problems.

Expert:  Jo C. replied 5 months ago.

The short answer is that he can keep trying to remove it and he probably will.

Restraining orders consequent upon acquittals are obviously controversial.

Expert:  Jo C. replied 5 months ago.

The truth is that it wouldn't really matter whether or not she was informed. It is not a decision that would be affected by her views.

In the long run it probably will be removed.

It really doesn't add all that much to the existing law. If he behaves in a harassing way then the law of harassment does no less than a restraining order would.

Expert:  Jo C. replied 5 months ago.

Can I clarify anything for you?

Jo

Customer: replied 5 months ago.
Thanks - is it normal to jump between magistrates court and crown court and for her not to be informed?
Expert:  Jo C. replied 5 months ago.

No, not normal at all. Probably what would have happened is that he applied to the Crown Court and was told he had to go to the Magistrates as they issued it to be told that they did not.

They don't always notify of an application to remove. Sometimes they don't get notification.

Customer: replied 5 months ago.
Thanks for your help.
The 2 courts involved are looking in to why his case seems to alternate between them - they are very puzzled.
Expert:  Jo C. replied 5 months ago.

It is because there was an appeal and they will be unable to agree who issued the restraining order.

The answer is plainly the Crown Court but they will take a while to work that out.

Jo C., Barrister
Category: Law
Satisfied Customers: 69771
Experience: Over 5 years in practice
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