Both the Magistrates’ Court and the Crown Court have the power to make a restraining order against an individual in criminal proceedings.
Can a restraining order be made if I am found Not Guilty?
A restraining order can be made even if you are acquitted. No guilt has to be established and therefore an order could be made on conviction or indeed on acquittal for any criminal offence. A restraining order is made for the purpose of protecting a person from conduct which amounts to harassment or which will cause fear of violence.
Will the court grant a restraining order when the victim does not want one?
It may be that the victim does not want a restraining order to be imposed on a defendant and in these circumstances the CPS should not object to the wishes of the victim but inform the court accordingly. It is then for the court to decide whether or not to impose a restraining order.
How long does a restraining order last for?
An order can be made for a set period of time or indefinitely which means the person named in the order is not allowed to contact the victim at any time in the future and/or until the court make a further order.
What are the usual terms of a restraining order?
It is usual for a restraining order to refer to non-contact with the victim either directly or indirectly which means they cannot contact the person on any social media platform such as Facebook/ Instagram etc as well as not being able to write to the victim or attend at their home address and/or place of work.
What happens if you breach a Restraining Order?
If a person breaches a restraining order and makes contact with the victim the person can be taken back to court and they would be subject to a fine or receive a period of imprisonment for breaching the order of the court.
As time passes it can be difficult to move on with a restraining order hanging over the parties. It may be that they have children together and need to liaise with each other over contact arrangements, it may be that in fact the parties seek to reconcile with each other. For whatever reason, Olliers can assist you in making an application to have the Restraining Order lifted. Any party who is named in the Restraining Order can make an application to the court to have the Order lifted.
What will the court consider when deciding whether to lift a Restraining Order?
The court will take into account information about the parties, whether or not they have children together and if there is any Social Services involvement. If so the view of Social Services would need to be obtained. If you are the offender we must liaise with the Crown Prosecution Service and the police to establish the victim’s views as if the victim is opposed to the lifting of the Restraining Order there is little point in applying for its removal. If you are the victim and you wish to have the Restraining Order removed this is an easier process.
How much do Olliers charge for applications to remove Restraining Orders?
There is provision for legal aid in respect of these type of applications, however Olliers only undertake this work on a private paying basis. Once we have more information we can provide you with a quotation.
How do I contact Olliers to discuss Restraining Orders further?
For further information regarding our fees and enquiries concerning removal of restraining orders please e-mail firstname.lastname@example.org or telephone 0161 834 1515. It will be helpful if you have all the details to hand including when the order was made, at which court it was made and why you want the order lifted.