Restraining order -and living opposite

[70kid]

If someone has a restraining order with no end date on it and it’s to stop them from harassing and conduct that will put someone in fear of violence from them and was put in places by the crown court after a conviction .

Would it be appropriate if they moved back into their house which is directly opposite the person as in they can watch the persons every move .

Would that not be seen as harassment and fear of violence from the person . As they have shown what they are willing and capable of doing. Or would it be a case of having to wait till the person starts harassing or causes fear of violence again .

The crime was very serious involving almost being

stabbed with two knives - only the arrival of the police prevented it .

Can the restraining ordered be varied to include some form of distance

What does the order state?

Thank you
This is what it says

Order made under section 1 protection of harassment act 1997

The defendant is prohibited from the conduct described in the attached schedule of terms

This order is made to protect xxx & xxx from conduct which amounts to harassment or will cause fear of violence

Then there is a bug that says harassment’s includes causing alarm or distress conduct includes speech
Section 7 ( protection from harassment act 1997 )

If this order is breached it’s punishable by fines and prisons blah blah

He’s already has a two year exclusion order so he’s not been able to return to his council house or the street for the past 20 months but this runs out in August
He agreed verbally with the judge that he would exchange his council house and showed the courts evidence that he was setting up an exchange
But as soon as he was convicted and out of court he did nothing to start the exchange process
It was only when I realised this that I started to put pressure on the council through my MP & councillor to move him but so far they haven’t despite putting in an email that he would NOT be retuning to the street

I’m just so stressed as I know how violent he is and what he is capable of
If he moves back I won’t be able to leave my house as I will be in fear of seeing him and what he will do
He’s extremely violent and he’s been sectioned in the past for violence but this was a long time ago

Then you need to push for an extension to the exclusion order. Has his council house been empty for two years? How has he retained his tenancy for that period?

Why wasn’t the obligation to move recorded explicitly?
You would potentially need to apply for a transcript of the hearing to prove this

@SilverHairedCat I was wondering that too

Because the council are shit
I have an email from my counciller where the council admit that although the action was severe they decided based on information from outside agencies not to evict him but to assist him with an exchange move
The first exchange he sabotaged so they have arranged another move but there is damage to the house so it’s taken them ages to get it fixed
There is just one final thing to be done but it’s taken since July till probably the end of April to get this done
If it’s done then the exchange will go ahead
If it’s big then if the council don’t push ahead he can come back

I have no idea but he has managed to pay the rent despite not having set foot in the house since April 27th 2020 which was when he was arrested and placed on remand for several months
The exclusion order runs - Aug 2022
It’s fucking disgusting that a single man can keep a three bed council house - no kids no dependents but the council prefer to move him rather than exchange

How do I get the the transcripts
I’m positive that the only reason he didn’t go to prison is because he agreed to move and showed evidence of that
Do I need a solicitor to do this or is it something I can do myself

I had a neighbour three doors up who had to move out of his home after he beat up another neighbour over a parking dispute. He had to live elsewhere for about a year I think it was (he got a few month in prison too). The person with the restraining order ended up moving when he met a woman and then the neighbour who beat him up moved back in with his wife and children.

Im sorry OP, there wasn't so many updates when I started typing, I didn't add anything useful.

www.gov.uk/government/publications/order-a-transcript-of-court-or-tribunal-proceedings-form-ex107