Restraining order question

[Kitpandora]

So, following on from a previous question...my ex was convinced of domestic abuse and stalking and I was granted a lengthy court ordered restraining order against him. After the court case he bought and moved into a house along the road from me. Due to this I unfortunately see him around a lot. He makes no effort to avoid me at all but has never approached me during the restraining order time. This order is due to run out soon and I was wondering if the court would allow me to extend it due to the fact that he bought a house a short walk from mine and therefore we cross paths regularly or, as he has not attempted to actually contact me or communicate with me during this time, would the court deny an extension?

I think its quite similar to a non molestation order. It no molestation has taken place during the entirety of the order the legal test for extension therefore has not been met and it'll be discharged.
However. It that happens, I suggest you keep a log of his approaches to you and report each and every time to the police. This gives you evidence and you can apply for another non molestation order in the future.

@Whattodo112222 Thanks for your reply. Hopefully he's moved on and won't harrass me again when the order runs out.

Can’t believe he bought a house right near you. Makes me really angry.

@Flutterbye22 yep, absolutely no family in my area or friends or job here or anything...so no reason for him to move here. I informed the courts and the police but unfortunately there was nothing they could do.

Would you consider moving?

not that you should have to of course, but if you moved, he wouldn’t know where you are.

what a creep. Honestly, it’s a bit embarrassing really.

@Flutterbye22 We are planning on moving. Unfortunately due to work/schools/family helping with childcare we couldn't move as quickly as we would have liked to but yes it's now on the cards before the restraining order runs out , so hopefully just after Christmas x

This sounds like such a stressful situation @Kitpandora. I can't believe he moved in so close by! Was there anything in the original order defining a geographic area, or was it just no contact?

I'm definitely not an expert, but there's loads of info here https://www.cps.gov.uk/legal-guidance/restraining-orders. From what I understand (from the last paragraph in the section on variation) you can ask the court to extend an order even if there has been no breech of the existing one. What you do need to show is that it is proportionate and necessary. If it's just no contact and the order was made as a result of domestic abuse and stalking, which you're anxious may restart, then I can see how this could be argued. He does have the right to appeal though.