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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69776
Experience:  Over 5 years in practice.
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My friend has asked lifting a restraining order.

Customer Question

Hi, my friend has asked for help lifting a restraining order. He wants me to write a letter to the courts for him. It was made in 2013. Since that time the victim of the restraining order has herself been convicted of harassing my friends wife and family. She has been a nightmare and made false allegations to get the retraining order in the first place. No she has been found guilty herself for the same offence, he would like his one lifted. I hope this makes sense, It's difficult to write a letter for someone else.
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.
Hi
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 1 year ago.
I need to know what details I have to set out in the letter, where I send it to, what it should include, and some general advice on how this usually works. He was told that he could apply to have the order lifted. I have little knowledge on this, so do not know what to expect or the procedures that need to be followed.
Expert:  Jo C. replied 1 year ago.
Has he got evidence that she has contacted him?
Why does he want it removed ? It would obviously be a good idea to have nothing more to do with her.
Customer: replied 1 year ago.
obviously, but that's just it, he doesn't have anything to do with her, he is practically housebound. She has been stalking and harassing his wife and was found guilty and she is now not allowed near his wife, has a tag and wants to take it to crown court for appeal. Just before she was convicted, she followed them to a shop and then made false allegations that he was harassing her. he was arrested after she was convicted and found guilty but was then releases without charge after they found out that she has been convicted and had no evidence. Then two days ago she followed them again, it has been reported and they have evidence to prove it, but how is he supposed to stay away from her if she continues to harass his wife. Obviously the police are dealing with her breach of conditions but in the meantime, he has felt like he cannot go out as she deliberately goes out of her way to be within his vicinity.
Expert:  Jo C. replied 1 year ago.
Oh yes, I'm quite well aware of the way in which restraining orders are abused by the majority of these women.
But what is he hoping will improve if he removes it?
Obivously she can still make allegations. All it means is she cannot accuse him of breach but she could make other allegations.
Customer: replied 1 year ago.
If she follows his family around to make his life awkward, how can he ever go out with them, he is constantly arrested for 3 years nearly and he has been increasing ill since this started. He has no been diagnosed with ME and needs his wife for some parts of his care. He cant live a normal life. Surely having the restriction lifted will leave him some peace of mind
Expert:  Jo C. replied 1 year ago.
Yes, that is what happens when you get involved with a vexatious accuser.
The problem though with this is fundamentally what does removing the restraining order achieve. Ultimately she can always make other allegations that achieve the same end.
If he is intent then he needs to gather evidence that she is acting contrary to the restraining order and then get it listed at the issuing court. There is no point in listing it otherwise. If she is following him around then he needs to install CCTV either at the house or on a body cam to prove it.
A better option though is to sue her in harassment. He will still need to gather evidence and it may take time and it may lead to several other allegations that need to be defended. However, if he is able to get an injunction from the civil courts covering her vexatious accusing it deals with the fundamental issue.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
I see, I shall go back to him and ask for more details as Im sure he and his wife have documented everything for the past to years. Would it be best to employ a solicitor to do this as a listing may need a professional hand? I think I will have to come back to you with more questions after I have spoken again with them both
Expert:  Jo C. replied 1 year ago.
Generally speaking it is an application better made with a solicitor. It does rack up costs but given the controversy of this particular application it is usually safer.
Customer: replied 1 year ago.
Ok, any idea as an estimate of the cost of this?
Expert:  Jo C. replied 1 year ago.
It could be several thousand I'm afraid.
A barrister under public access would be cheaper but that would be up to about £1k.
Customer: replied 1 year ago.
Ok thank you very much for your time.
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
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