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Family court while restraining order in place

11 replies

Raineeee · 22/10/2025 19:19

Hi all I'm hoping to get some advice --

I am going to apply to court for a CAO and a specific issue order to be looked at, and hopefully amended.

I can't afford a solicitor.

Ex is currently in the set period of his suspended sentence (22 months suspended for two years if it is relevant) And there's an indefinite restraining order in place.

I wonder how the case communication would be like. Would I need to contact him directly? I'm not too worried about attending the hearings, I've done it before when he took me to court. But I don't think I'm brave enough to contact him and exchange documents etc. I've tried really hard to keep myself and DC safe. I don't want to risk anything.
Also if I have to contact him, would I get into trouble because of the restraining order? The order states he can't contact me directly or indirectly except from using a third party for child contact.

Thank you in advance.

OP posts:
Raineeee · 22/10/2025 19:50

Just to be clear, when I was taken to court he had a solicitor so the communication was between me and his solicitor (or his barrister during hearings). I got legal aid towards the end of that case.
I have a slightly larger saving now. Not big enough to get myself represented, but I don't think I'm eligible for legal aid any more. I'm about 4k over.

OP posts:
WhamBamThankU · 23/10/2025 19:11

Why would you have to contact him directly?

Raineeee · 23/10/2025 19:30

WhamBamThankU · 23/10/2025 19:11

Why would you have to contact him directly?

I don't think he would get a solicitor this time. He can see I'm representing myself once he's served.
I might be wrong but I had to communicate with his solicitor so many times last time. Before and after each hearing, to ask for documents, exchange statements etc.
Without the solicitors I assume the email/letter exchanges will be done between us?

OP posts:
1clavdivs · 23/10/2025 19:45

You won't get into trouble for making contact as the restraining order has conditions for him, not for you. However I'd tread carefully.

The initial contact should come from the court to notify him that you've made the application and let him know the hearing date. In your application to the court you can make it clear that there is a RO in place and you are concerned about direct contact. I've worked with cases before where the judge has said very strictly that email contact can take place about the case only, and nothing else. Or you could put an extra buffer in place by requesting documents are exchanged by post.

hotlava273 · 23/10/2025 19:49

The court will sort all contact and will arrange a process server if necessary. Make sure they are aware of the sentence and the order (they will not know automatically) and ask for separate entrances, separate waiting rooms and screens in court. He will not be allowed to speak to you in court and they will not permit direct contact, assuming that is prohibited by the order as it would ordinarily be. If a fact finding hearing is required and it's absolutely necessary to hear evidence, the court will try to appoint a qualified legal representative for both of you so that they can ask questions on your behalf - they are tricky to get so questions might have to go through the judge but they will not let him ask you questions or vice versa.

hotlava273 · 23/10/2025 19:51

Sorry you said it was prohibited - everything I said above stands!

MooseBeTimeForSnow · 23/10/2025 19:53

If you are ineligible for legal aid it might be more cost effective to instruct a direct access barrister.

Raineeee · 23/10/2025 19:58

hotlava273 · 23/10/2025 19:49

The court will sort all contact and will arrange a process server if necessary. Make sure they are aware of the sentence and the order (they will not know automatically) and ask for separate entrances, separate waiting rooms and screens in court. He will not be allowed to speak to you in court and they will not permit direct contact, assuming that is prohibited by the order as it would ordinarily be. If a fact finding hearing is required and it's absolutely necessary to hear evidence, the court will try to appoint a qualified legal representative for both of you so that they can ask questions on your behalf - they are tricky to get so questions might have to go through the judge but they will not let him ask you questions or vice versa.

Thank you this is really helpful.

OP posts:
GeorgeTheFirst · 23/10/2025 20:01

The court won't sort out exchange of documents, unless you chase them a lot. You'd be better providing an email address for this. But the part about QLRs above is right

hotlava273 · 23/10/2025 20:30

Everything that I said is right. The court will sort exchange of documents. To do otherwise would place him in breach of the order and deny OP the protection that she has been given by the criminal courts.

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