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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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7 months ago I lashed out at my neighbour for barging into

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7 months ago I lashed out at my neighbour for barging into me. I havent been in his presence since. I maintain self defence. I am being summoned for ABH. The Crown is also applying for a restraining order.The standard of proof for a Restraining Order is civil. Which seems a little unfair.I have been neighbours with this person for 16 years. I have been in their presence 3-4 occasions maximum.I presume the court will be shown footage of me lashing out (for which I maintain is self defence).What is the likelihood on this one incident an application for a RO will be successful? Thanks

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Sorry for the delay. Do you mean a restraining order?

Customer: replied 8 months ago.
Broughtvthrough the criminal courts.But with a civil standard of proof.I believe that’s how it works anyway.

But consequent upon a prosecution for a criminal offence?

Customer: replied 8 months ago.
Could we speak here if that’s ok?Can you not get one prior to conviction?
Customer: replied 8 months ago.
I have had 3-4 incidents in 16 years. 3 of which the neighbour instigated.All evidenced.

Thank you. You can get a restraining order even if acquitted but not until the conclusion of the case and never stand alone. The criminal courts are not available for the purposes of injunctions only. Can I clarify anything for you? Jo

Customer: replied 8 months ago.
Only criminals can receive such things. Right.Does one incident warrant a RO?This is a close neighbour and on the balance of probability it would make them feel safer (speaking as the prosecutor)? Thanks.

1 No, like I said, even if acquitted there can be a restraining order.

2 yes.

3 It might well make them feel safer. It is really a case of whether or not it is workable. It could stop contact but it couldn't stop them seeing you.

Customer: replied 8 months ago.
If someone had a right of way over your property, then you are burdened with it. It’s too late to amend the terms of the grant.But if that dominant owner we’re udibg the right or way to simply loiter and shout at you, it becomes trespass. I have taken counsels advice on this.I am allowed to tell them to move on.A RO would take away my right to remove/ask a trespasser to leave.Any thoughts on this point?As I sat, a close neighbour. So close they cross my land. Which in itself is not a problem. Going beyond the scope of the easement and trespassing is.
Customer: replied 8 months ago.
Counsel explain in similar words That a right-of-way is a right to get to the other side. Be at the dominant property or the highway. Anything else is a tresspass

If the court thinks it is unworkable then it shouldn't be imposed.

Customer: replied 8 months ago.
the courts are pragmatic. That’s not a question don’t worry.I surpose certain wording may work. I.e not to contact xxxx unless they are trespassing. We’ll have to see what’s on the table.With such a low/civil standard of proof, it looks like the ‘unworkable’’ argument is best.Does it go against the neighbour, the fact I have multiple footage of him intimidating me by telling me “you threatened me, I was scared, I have a witness and I’m going to the police”. The tone is the epitome of sarcasm.You know the nasty ‘I have a witness” card.An RO is handing them a loaded gun

Yes, they can make false allegations. CCTV should protect from that though

Customer: replied 8 months ago.
I have glfootage of 3 false allegations which the police ‘crimed’. I’m talking blatant lies. Falling over and saying they’ve been hit.Very comical footage if I were not at the receiving end of the allegation.
Customer: replied 8 months ago.
Is this useful, or is a RO heating tunnelled towards the one acquired/proven allegation?
Customer: replied 8 months ago.
Hearing*
Customer: replied 8 months ago.
Aquited *

I'm not sure what you mean?

Customer: replied 8 months ago.
I have much footage of the alleged victim pretending to be assaulted.Are the benches thought In a RO hearing only focused on the one allegation which made it through the court doors and I was aquited/guilty of.I.e the bench says “ we don’t care about all these incidents which the alleged vic***** *****ed about. This RO hearing only concerns the one incident you were tried for”

Yes, they could do that. The point of CCTV would be to disprove any actual false allegations.

Customer: replied 8 months ago.
the fact that the alleged victim is a serial accuser and habitual liar is irrelevant? In so long as there is some substance to the one incident which made it through the court doors. Thanks.
Customer: replied 8 months ago.
I’m alluded towards the answer being yes.Do you often see “workability” of an RO as a stumbling block for the prosecution?

It isn't necessarily irrelevant but you need to get it through the bad character gateways which is a high test.

Customer: replied 8 months ago.
I’ll do my research on bad character evidence. This being is abhorrent. Imagine playground bully.Do you often see RO’s fail on workability?

Yes, sometimes. That is the best chance here really.

Customer: replied 8 months ago.
does Legesoation mention workability? Or is this simply fircthe courts to figure out case by case

There is a general duty on all courts not to impose orders that are a nonsense. If you can't be prevented from speaking to each other then an RO won't work.

Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 8 months ago.
Thank you. You’ve provided a sense of direction in this matter. Thanks

No problem and all the best.

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