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james bruce
james bruce, Solicitor-advocate
Category: Family Law
Satisfied Customers: 4810
Experience:  Owner at James Bruce Solicitors
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Does a restraining order from magistrates court, forbidding

Customer Question

Does a restraining order from magistrates court, forbidding direct or indirect contact...a.) Stop someone paying an existing county court judgement to the victim.
b.) Disallow any contact about financial matters.The reason for asking is I am a guarantor so a friend could have a rental property, he then borrowed money off me which he never paid back, hence the county court judgement. Then he started persistent threatening insults and hence the CPS bringing a malicious communication case against him.
Submitted: 17 days ago.
Category: Family Law
Expert:  james bruce replied 17 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

The court restraining order is exactly that, no contact directly or indirectly as stated by the court. The normal exception to this is via a solicitor.

It does not stop the existing court judgement for payment to be made to stop.

Any future contact about the financial matters would need to be carried out via a solicitor otherwise it can be seen as direct contact in breach of the order.

Expert:  james bruce replied 17 days ago.

Can I assist or clarify anything further?

Customer: replied 17 days ago.
Hi James, thanks for your answer. The Police did advised the restraining order could 'tweaked' to allow some contact. but then advised to me to seek professional advice. Hence I thought I would try on here.In my view any contact would be better via a third arty, but would be preferential to avoid solicitors costs, if at all possible.
Expert:  james bruce replied 17 days ago.

The order could be amended, you would need to apply to the court that imposed the order, to request that the order be amended.
You would need to detail what change you want, who would be the go between etc.

Expert:  james bruce replied 17 days ago.

Can I assist or clarify anything further?

Expert:  james bruce replied 17 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.