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Category: Law
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Experience:  Barrister at Self Employed Barrister
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I have a restraining order until 2023 against my ex husband

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I have a restraining order until 2023 against my ex husband after he was convicted of assaulting me 2 years ago. I recently have been spending time with him in order for my children to have supervised contact. Is the restraining order now void?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No it’s a private arrangement after family supervising contact was not possible
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: it was dealt with in Cardiff Magistrates Court
JA: Anything else you want the Lawyer to know before I connect you?
Customer: He is concerned that he could be reported to the police and would go back to prison but he is no longer on probation and I thought that it would be fine as long as I have given permission

Let me see if I can help and please rate 5 stars. The restraining order remains active and not void. If you wish to get the restraining order removed then you would need to apply to the court for its removal. Section 5(4) of the Protection from Harassment Acts 1997 allows the defendant or any other person named in the order (i.e. the victim) to apply to the court which made the order for it to be varied or discharged.

The views of the person named in the order are paramount and if they wish the order to be lifted, provided they have the capacity to make that decision and have made the decision of their own free will then case law supports that the order should be lifted. I hope this helps and please rate 5 stars

Customer: replied 1 year ago.
Do you know the cost of lifting the order on court please?

Normally its between about £1000-£1500.00. I hope this helps and please rate 5 stars

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So that I can close this question, could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page.This is how Justanswer works.

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