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Removal of Restraining Order

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15 Apr 12 #323870 by somebody
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Curious to know how easy it is for a person who is subject to a Restraining Order to get it removed. My ex is subject to a Restraining Order of unlimited duration following incidents at my house, some 2 years ago. Ex has a lifelong psychiatric condition and has been sectioned several times in recent years. Previously Ex had had an Occupation Order imposed prior to divorce to protect myself and our children following incidents of violence. Ex has now applied to court to have the Restraining Order removed. If I object, how difficult will it be for ex to succeed in getting the order removed?

There is a great deal more history to this than I would post here, but I am interested more in the general approach the magistrates courts take in situations like this. Ex is likely to try to claim that the psych condition is being succesfully treated. How much weight would a court give to my views?

Thanks.

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15 Apr 12 #323882 by dukey
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What kind of order is it, a none molest order with power of arrest or other?.

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15 Apr 12 #323887 by somebody
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It says ''Restraining Order''. And I was told by the police that the ex can be arrested for breach. In fact, there was a breach some while back for which ex was arrested and subsequently convicted.

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15 Apr 12 #323892 by dukey
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It sounds as though it was issues by the magistrates court rather than county court.

Basically the panel have to decide if he is still a thread and then why does he want the order discharged.

Because he has breached the order it will probably stand as is unless the breach was long ago.

They will also listen to your thoughts and even fears if they were to discharge the order.

Even if it were discharged which sounds unlikely it can easily be applied for again should you need it.

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16 Apr 12 #324070 by somebody
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Thanks for your reply. The order was made by magistrates court following incidents of criminal damage and threatening/abusive behaviour.

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16 Apr 12 #324088 by .Charles
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It sounds as though the application to remove the order is likely to fail on the grounds that she has breached the terms of the order therefore it should remain in force. Breaching the order brings its own consequences whereas further harassment without an order will have none.

Charles

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16 Apr 12 #324145 by somebody
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Thx. There were 2 breaches, both prosecuted at the same time, and both shortly after after the RO was imposed. Since then there has been no further court involvement.

How much weight is attached to the fact that there have been breaches, even if a while back?

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