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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70179
Experience:  Over 5 years in practice.
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do u deal with criminal law

Customer Question

do u deal with criminal law. I was made to take a restraining order by 2 cps prosecutors after various threats and insults after they dropped a cass against me. However afterwards I realised they did not have the power to make one they had to ask the court for one. I was basically lied to in order to agree to one. 


 


My questions are, are restraining orders discloseable. Do they come up in crb checks. Do they prevent me from training in a profession such as medicine or law?

Submitted: 4 years ago.
Category: Traffic Law
Expert:  Jo C. replied 4 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Why do you think they did not have the power?
Customer: replied 4 years ago.

For Jomo

 

Well they had to request a order from a bench after the prosecutor told them I had agreed to one. Even then, the bench asked the cps if my father and sister agreed to it, which they said yes, they both claim otherwise. The clerk also told them there needed to be grounds to which I had to agree to there being arguments and friction between me and my father. This suggests to me that the CPS need to convince a court to grant one rather than enacting one. The cps told me both parties (father and sister) requested one and I would ruin my relationship with them if I didnt agree to one. The order was not to to harass or threaten my father.

I was also told it was better than an acquittal after a trial, because no evidence was offered and an acquittal would only mean not enough to convict rather than innocent. However, in getting the order they stated the "victim did not wish to proceed".

Expert:  Jo C. replied 4 years ago.
Yes, so what do you say is unlawful?
Expert:  Jo C. replied 4 years ago.

I know this isn’t going to be the answer you want to hear and it’s certainly not what I want to tell you. However, I wish to be completely honest with you so I cannot give you false hope.

I am really sorry but there is nothing unlawful about this action. The crown do it all the time.

The crown cannot themselves impose restraining orders. The court has to do it but consent of all parties is persuasive.

Perhaps you should not have agreed but you did. Ultimately if you had not done so, you would have faced the risk of a witness summons for your father and a conviction.

You can apply for the removal of a restraining order but realistically thats only going to happen if your father supports it or you have evidence that he is acting not in accordance with it.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.
Customer: replied 4 years ago.

FOR JOMO1972

Sorry my original questions were;

does this come up in a crb check?

Are restraining orders discloseable

Does this prevent me from training as a solicitor (i.e would the SRA accept me) or other regulated professions?

 

 

There was no realistic prospect of conviction as my father made 2 inconsistent statements with no physical evidence or witnesses, which he then withdrew. We also had a sworn statement from the arresting officer pointing out the original allegation was completely different (throwing liquids, although he was not wet), and only changed when they could not arrest me on that.

 

They could not get a summons, because he sent medical evidence absenting himself from court pointing out he took medication which cause confusion and hallucinations.

Expert:  Jo C. replied 4 years ago.
1. Yes it will show in enhanced but not on standard or basic.

2. I'm not sure what you mean? Disclosable to whom?

3. Yes you will have to disclose it to the Law Society and you cannot hide from the fact that it will be a dsadvantage. however, it's not an offence of dishonesty so probably won't fatal.

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