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Restraining order - Help Please

(4 Posts)
clairehaines1 Fri 08-Jul-11 09:38:39


Long story short my partner has a restraining order, his ex accused him of domestic violence it went to court and he was found not guilty which he wasnt, her solicitor really pushed for a restraining order which he didnt object to...lots of other things currently goin on due to access of his 2 small children,

I have quite an important question about restraining orders if someone can help me as this will determine my partners next option.

His restraining order has these conditions: not to contact direct or indirectly his ex other then thru a solicitor and he cannot attend her premises, there maybe something about 250yards but i cant actually remember if it is noted on there and im at work.

What i would like to know - is he allowed to be anywhere near her?? for example he wants to see his children and she is saying she wants to be present to begin with to help settle them, its starting at a contact centre as taken 8 mths to agree things...if they are in the same room at the contact centre is this breaking his restraining order????

My partners solicitor is saying due to the restraining order he cannot be near her in the room, which the lady who deals with applications at contact centre agrees with, however his solicitor is only a family solicitor and may not know the full facts on restraining orders so am double checking smile

Many thanks in advance

cestlavielife Fri 08-Jul-11 11:00:10

apart form anything else it is going to be better for the DC that they are handed to contact centre staff who take to see dad.

the hole point about contact centre is to get away from ccontact between the two parents.

her being in rooom is likely to unsettle DC even more

clairehaines1 Fri 08-Jul-11 11:06:33

this is exactly the point i made to my dp about the contact centre, its the whole point of a contact centre were my exact words!!

unfortunetly she will dig her heals in as she has all the way thru and it will be a case of agree or go to not understand why some woman can be so nasty! and social services have said they have absolutley no problem with him seein the children it is all her

Collaborate Fri 08-Jul-11 11:10:19

He should check with the criminal solicitor he had. If the request for some face to face contact came from the ex I've known cases where the police have refused to enforce subsequent breaches of the restraining order on the basis that rights under it have been waived. I couldn't say though that this would apply to any particular case.

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