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Are there any solicitors about who could help me please

(2 Posts)
smiler01 Mon 03-Oct-11 09:43:33

Hi

Im looking for a little bit of legal advice re a restraining order. (ill not go in to reasons for restraining order etc just need a little bit of help re the conditions)

My Partner has a restraining order, the conditions state that he cannot contact his ex directly or indirectly or attend her premises. There is no expiry date on it says until further order.

What I would like to know is:

If my partner bumped in to his ex accidentally in a public place is that breach of the restraining order? They stopped and were perfectly civil to each other and he got to see his children (not seen them for nearly a year and been going through solicitors soon court) but I just wanted to make sure he wasn’t breaching it purely because it was a chance meeting. and nothing in his conditions say anything about public places.

Also, whilst we were all together, His ex said she doesn’t want to go to court she wants him to see them and suggested as they cant communicate for me to message her to arrange times for sat.

I assume me contacting her would be classed as indirect contact? Does anyone have any suggestions on ways around this?? (if any) I thought maybe my sister could contact her asking her to message me but wasn’t sure if that was allowed.

My partner has a family law solicitor but long story short is he needs to clear the account balance before she can do anything more for him, otherwise maybe she could have contacted her??? (balance will be settled on next pay day hoorah)

Any help re the legal side of the restraining order conditions and if there is anything he could do would be a great help (he never had a solicitor dealing with this issue only a family law one. He represented himself at court) he thought about maybe trying to get it lifted or conditions changed as there are other issues that show the restraining order isnt needed, again ill not go in to details....however is it easy/hard to get these things lifted or varied?

Thanks a lot for any help

Angel786 Tue 11-Oct-11 10:28:47

Hi,

I don't practice family / criminal law but corporate law although my initial thoughts are as follows.

1. Even if a chance meeting, better for your DP to not communicate with the ex but walk away. Even though a civil communication, if the ex reports to the police he has breached the RO (Restraining order) he could end up in trouble.

2. Neither you / your sister and especially not your DP should text / call/ message the ex. This would be seen as trying to curcumvent the RO which (rightly or wrongly) has been put in place for a reason.

3. The ex needs to tell the police she no longer wants to prosecute for whatever the RO was put in place for if the matter is ongoing ( you mentioned he represented himself, not sure if the mattervis finalized / ongoing) and would like the RO lifted. Just because she says she doesn't want to prosecute doesn't mean they will drop it though. Otherwise she can apply to the court directly to lift the RO.

In the meantime citizens advice may also have some advice. Hopefully a family / criminal lawyer will be along soon to give more advice.

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