How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 64381
Experience:  Over 5 years in practice.
12826847
Type Your UK Law Question Here...
Jo C. is online now
A new question is answered every 9 seconds

My nephew has had a major argument with the mother of his baby

Resolved Question:

My nephew has had a major argument with the mother of his baby who he lived with. He left the premises, did not touch her, and she will not let him return. He is in B&B accomodation with no money or belongings.

He has been told by his ex partner's mother that a restraining order is being/has been served and he must have no contact with his former partner or the baby and that this applies to all his relatives as well.

He wants to end the relationship with the woman but wants to have future contact with the child.

He has a criminal record some years ago for being involved in a violent incident in a club which probably doesn't help matters.

How should he proceed? Should his views have been sought? Can he see what has been accused of and how does he do this? Is there any point appealing the order?

Regards
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

Have there been any reports to the police?

is this just a young lady who gets restraining orders out all the time?
Customer: replied 1 year ago.

He doesn't know if they have referred to the police. Should he contact them?


 


The young lady has a previous history of a failed relationship which was violent. I don't know how many restraining orders she has had in the past. She is vindictive and uses facebook accordingly. When arguments have occur she resorts to you will never see the baby again routine.


 


Regards

Expert:  Jo C. replied 1 year ago.
No, do nothing.

Except, of course, impress upon him the importance of finding sensible girlfriends who don't have a background of making allegations of abuse. We all have rows. We don't all get the police involved and make a song and dance about it.

Has he ever been contacted by the police about her nonsense?
Customer: replied 1 year ago.

No the police have not asked him about any thing that has occurred between them but they won't know his address as he is in B&B


 


He does want to be able to see the baby again. Also he would like to recover his belongings. How does he ensure that he can?

Expert:  Jo C. replied 1 year ago.
Thank you.

If the facts are as you say then it is very unlikely that she will be able to get a non-molestation order against him. She's never made any complaints to the police that he knows of and he probably would if she had. She might well try to apply. Unfortunately women like her tend to do so. But there are no grounds.

If she makes an ex parte application and lies then it is possible she could get an interim order. It certainly wouldn't be the 1st time that one had been obtained by those means. If that does happen then there will be dates set down for consideration of the full order that he should attendance.

There are no grounds here for a restraining order as there is no allegation of harassment and anyway she means an injunction order. The anyway she could get that is to lie which, of course she may do.

In terms of contracts with the baby, that's got nothing to do with these ridiculous threats. That is just a normal family law matter. I'm not a family lawyer but he will get a contact order. She probably will try to frustrate it by making lots of wildly exaggerated allegations but they will fail.

In terms of getting his goods, it has 4 options.

The 1st is to just write them off. Unless he has anything really valuable there or something unique like his passport or driving licence, this property is in a bad idea. I know that it's an appealing that's it's a lot safer than the other options.

The 2nd option is to book an appointment with a police officer to attend with him to prevent a breach of the peace. That sounds like a wonderful idea but it does have limitations. The 1st problem is that he will have to sit for hours in the front office of the police station waiting for an officer to become available because they will all be out mediating domestic squabbles like this nonsense. The 2nd is that even if an officer does attend within, the officer has no powers of enforcement. All an officer can do is act as a witness to prevent allegations. Of course, the practical reality is that when uniformed officers turn up on a person's doorstep the occupier tends not to resist the other persons wish to collect goods but the young ladies like her tends to be quite well aware of their rights which is very interesting because they tend to be blissfully ignorant of their responsibilities.

The 3rd is to sue at the Small Claims Court for the exact value of the goods that are left there. This is surprisingly effective because often the goods are returns.

The 4th option is to seek a mandatory injunction order forcing the hands back anything that is there. It's not a good idea. It's very expensive and she will only deny that he left anything.

He's absolutely right to end this relationship. He should not be putting up with this nonsense. It is just as abusive to call the police every time you can't have what you want as it is to be violent.

Can I clarify anything for you?

Jo
Customer: replied 1 year ago.

Thanks very much for your advice. One last query - when the contact order gets considered as he has virtually no money will he receive legal aid to help with getting a solicitor?


 

Expert:  Jo C. replied 1 year ago.
No but he doesn't need one.

People make these applications unrepresented all the time and he will be fine.

She won't get legal aid either unless she makes allegations of domestic violence which, no doubt, she will probably do.

The trick is to find girlfriends who don't seek out opportunities to be a victim all over the place. Plenty of sensible women about. Look for the ones that haven't had social workers, and haven't had previous abusive relationships and do have a job.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 64381
Experience: Over 5 years in practice.
Jo C. and other UK Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3850
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2612
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    5198
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24742
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6561
    LL.B (Hons), Higher Prof. Dip. Law & Practice