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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71153
Experience:  Over 5 years in practice
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I am of good character.Own my own business and home.My

Customer Question

I am of good character.
Own my own business and home.
My elderly Mum fell over while in my care after a history of repeatedly falling over.
The Cps tried to charge me of ABH.
however I was given a restraining order.
I have looked after my Mum brilliantly for 3 years,since she became ill,and have numerous medical appointments ,references etc to prove it.
As I am her only next of kin,she is now left in a residential home with no- one caring for her emotional,intellectual, family etc needs.
She will just rot in there with no stimulation or life or hope.
I can prove this situation is not in her best interest.
My Mum could die and I would never see her again.
Also I don't believe this is what she wants.
But we are deliberately been kept apart so I can't speak to her.
Is there a point of law where this order can be overturned?
I would be so grateful for your help with this matter,
Nikki Andrews
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you sure you want it overturned? Isn't the risk that she will make more allegations?
Customer: replied 2 years ago.
It was not my Mum who made the allegation.
It was the police.
When I spoke to her before the trial she said the court case was a nightmare,
She never wanted the police involved and she would never want anything bad to happen to me.
She took my hands,told me she loved me,she would always love me and that she wanted me in her life.
The TRAINEE Detective Constable who arrested me,was just that a TRAINEE.
I overheard her say to her Barrister this was her BIG case.
She visited ny Mum a disproportionate amount of times in the year beforethe trial,while I was on bail and not allowed to see her.
On the one supervised visit I was allowed,she kissed my Mum,which seemed totally inappropriate.
It is clear from that visit she has been coerce/cajoling my Mum.
At the mention hearing after the visit I quoted to the Judge what my Mum said, and looked to the TDC to confirm it.
She would not.
If I had had a recording of this conversation perhaps it would never even have gone to TRIAL.
The only person to benefit from this situation is the TDC..
While my Mum and my life is ruined.
My mum is my best friend and I have gone to great lengths,which I can prove,over the last 3years to stop her from dying.
Thank you for your help.
Expert:  Jo C. replied 2 years ago.
Yes, I realise that but the allegation must have come from her in some way?
I know the police are heavy handed basically because so many women waste their time on nonsense but they don't turn up completely uninvited.
Is there a risk that could happen again?
Customer: replied 2 years ago.
Before I go any further,
Please do not send any info to my email address as my emails have been hacked.
Please can you confirm this is possible ?
There is absolutely no risk of it happening again.
The Police were called and in My Mums statement at the house and in the Hospital she either couldn't remember what happened or got mixed up.
She is 82, has had a stroke and can't remember a lot of things.
Her ABE interview was several months later after being kept apart from me and the TDC visiting her numerous times
Expert:  Jo C. replied 2 years ago.
You can email customer services about that here***@******.***
Will she support your application to remove the restraining order?
Customer: replied 2 years ago.
Knowing her and what I told you she said I would say yes.
But as we are being kept apart I can't get the answer from her.
I am sure if Mum and I were able to sit down and talk everything would be resolved quickly and we could happily get on with our lives.
But I can't speak to her and other people are telling me what she is saying and I know that isn't true.
When I visited her I asked her if she had had it explained to her that I am on Bail and I am not allowed to visit her.
She said she did not know that and thought I just had not been coming.
Expert:  Jo C. replied 2 years ago.
You can make an application to the issuing court for removal from the restraining order. CPS are entitled to notice.
That can be made at any time.
Usually they are successful but that is because domestic abuse is the biggest load of nonsense in the UK and what happens is that 'victims' then start contacting their 'abusers' even though they are entirely safe from them which runs contrary to all the propaganda on the point. If 'victims' are making contact with 'abusers' courts will generally remove the order.
CPS would ask her for her views on the point and if they are favourable then it may be removed.
You are not going to be able to get access to her yourself though I'm afraid.
Can I clarify anything for you?
Customer: replied 2 years ago.

Dear Jo, I already know I can apply to the court to have it removed. This was not my question. I was asking for a point of law which would ensure it would be overturned when I go to apply. If you can provide me with one I would be happy to pay. Otherwise I am sorry I am not and ask for confirmation that my card has not been charged. I entered into this service on the basis that if I was unhappy I would not get charged. Yours sincerely, ***** *****

Expert:  Jo C. replied 2 years ago.
Sorry but if you are displeased at this stage then I will not be able to continue.
All the best.
Customer: replied 2 years ago.
Please confirm I will not be charged for this as advertised.
I have explained why in my previous comment.
Customer: replied 2 years ago.
Please can you confirm I will not be charged.
This is the third time I have asked Ithis question.
Please can you reply Asap