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F E Smith
F E Smith, Solicitor
Category: UK Law
Satisfied Customers: 8537
Experience:  30 years in General Practice
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A colleague of mine is going to a magistrates court on

Customer Question

a colleague of mine is going to a magistrates court on Tuesday for breach of a restraining order from his partner even though they are back togeather they have a volitlile relationship she is not pressing charges ir appearing but at the time he was drunk and she called the police.
This is the first time he has breached the order however he has previously been on prohbation for common assault against her 2 years ago and there was a previous incedent a year prior to this.
He does not have respresentation and has been suicidal at the thought of going to prison as he is convinced this will be the outcome of the hearing. What would the likely outcome of this hearing in your opinion?
Submitted: 6 months ago.
Category: UK Law
Expert:  F E Smith replied 6 months ago.

What are the circumstances of the breach?

If you could explain the situation in detail that would be useful please. Thank you

Expert:  F E Smith replied 6 months ago.

Have they paid anything at all since 2004?

On what basis are you asking for £2160?

What are you looking to happen?

Customer: replied 6 months ago.
as I understand she gained a retraining order 6 months ago against him.
They sorted things out and he continued living at the house even though the order was in place.
They then had an argument again and he went out and returned home drunk she refused to let him in and he tried getting in through a window the police were called and he was arrested.
He has been living at the house again since then he has 2 children with her.
Expert:  F E Smith replied 6 months ago.

I apologise for the second post about money. It came from another thread. Please ignore.

What were the terms of the order?

Customer: replied 6 months ago.
no contact except through a third party as I understand
Expert:  F E Smith replied 6 months ago.

Thank you.

In view of the fact that they have been living together for 6 months in blatant breach of the restraining order and she has been party to that, I’m very surprised that this is actually going to court.

What a complainant cannot do generally is have the order around just in case at some stage in the future they have a petty falling out, and then complain to the police and expect the partner to be prosecuted.

It is not a case of her pressing charges. It is a case of her making the complaint and the CPS deciding whether to prosecute.

If they had not been living together for 6 months he could be facing community service or a short custodial sentence potentially suspended. Because they had been living together in breach of the order, (it would be the partner that made the complaint in that respect but clearly did) although the court normally look at this extremely seriously, (the maximum custodial sentence is five years!) This would be looked upon at the very bottom end of the scale.

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