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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 2749
Experience:  Owner at James Bruce Solicitors
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Please, Dover in Kent, 123455, no thanks

Customer Question

please
JA: Where is this? It matters because laws vary by location.
Customer: Dover in Kent
JA: What steps have been taken so far?
Customer: 123455
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no thanks
Submitted: 26 days ago.
Category: Law
Customer: replied 26 days ago.
Sorry I have typed this incorrectly as I wanted to make
Sure it worked first
Customer: replied 26 days ago.
Basically, my ex partner and I had a court case regarding DV almost 3 years ago. At the time, we were recently split and there was still a lot of emotion behind all of that and he basically did not want me to end the relationship. He used to coerce and threaten me. At the time, I got a restraining order of 5 years issued. However, we are now 3 years down the line and are able to co-parent effectively and have both moved on with our lives.
Customer: replied 26 days ago.
He has come to my address this evening to read our daughter a bedtime story and kiss her goodnight, and has been removed from the house by about 12 police officers.
Customer: replied 26 days ago.
I explained to them that we are able to get along now and he was just being a dad etc etc and they said it's irrelevant because the order is still in place.
Customer: replied 26 days ago.
Please can you advise what we need to do. Obviously I want to put this right. I feel terrible. I am aware I need to make an application to court to terminate the restraining order.
Customer: replied 26 days ago.
But what is likely to happen his side.
Expert:  james bruce replied 26 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.

Customer: replied 26 days ago.
Thank you
Expert:  james bruce replied 26 days ago.

It is very good you are both getting along and he is taking responsibility for his child.

Unfortunately, you forgot about the order, and even though you have not complained to the police, they still have a legal obligation to enforce any legally standing court order.

12 offices to see one man with no compliant certainly sounds excessive.

You need to contact the police station and see if he is being taken to court in the morning, if so you may need to go to give support and explain what has happened.

You also need to contact the court imposing the order to see about removing the order if that is what you what. That does not mean they will do so, but all consider your request.

Customer: replied 26 days ago.
Is he likely to be taken to court in the morning for something so minor?
Customer: replied 26 days ago.
If I go to court and stand up and explain my side and that we are able to get on, is that something that they will consider?
Expert:  james bruce replied 26 days ago.

If the police arrested him for breach of the order, then yes they can only take him to court.

Yes if you attend they will be understanding rather than just taking his word for what was happening.

Customer: replied 26 days ago.
Ok so I am best to go. Are the court more likely to see the emotive side to it rather than the police?
Customer: replied 26 days ago.
Also is he not likely to get bailed with a court date rather than being taken straight to court?
Expert:  james bruce replied 26 days ago.

As it is a court order, most often they would come without bail. The court can give bail but no the police under these circumstances.

Customer: replied 26 days ago.
Ok thank you
Expert:  james bruce replied 26 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.