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does anyone know anything about restraining orders please?

4 replies

clairehaines1 · 22/07/2011 14:55

Hi

Just looking for a bit of advice really if anyone could help me? :)

If a restraining doesn?t have an expiry date on it, just says until further order how do you go about getting an expiry date on it or finding out how and when it ends???

That?s the basic info I need if anyone has any advice would be very grateful

FYI as im not sure if this xtra info would help u answer my question, its my dp who has this restraining order. He was accused by his ex of assaulting her got found not guilty (he wasn?t guilty either) but didn?t object to it so it?s in place. Also whilst trying to arrange contact to see his children she has been pushing to be present with him and the children in the room at contact despite this restraining order, our solicitor said this questions the need of the restraining order as she clearly isnt in fear of him. (this is just the very basics, I guess you don?t need all the other details to answer my question lol)

So if anyone could suggest the steps we would need to take to look into getting it to end eventually would be great!

OP posts:
Crazybit · 22/07/2011 15:06

Your solicitor should know this if you're already in contact with one, which by your OP it looks as though you are.

Crazybit · 22/07/2011 15:07

Also, if he got found not guilty, I would have though (IME) it would have been discharged.

clairehaines1 · 22/07/2011 15:18

its a family solicitor who is dealing with the contact of his children not a criminal solicitor, he represented himself at court for the assult so doesnt actually have a solicitor for this issue, which was why i was askin for some advice before go see and pay a solicitor.
also what do you mean by it would have been discharged

OP posts:
EldritchCleavage · 22/07/2011 15:33

You can have a restraining order imposed on you under the Protection from Harassment Act 1997 even if you are acquitted of harassment. It's not that common, but it is possible.
Like any restraining order or injunction, they don't have to have an end date, they can continue indefinitely. If your DH is worried the best thing would be to apply to the court to discharge or vary the order so it doesn't get in the way of contact.

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