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I have a restraining order against me after my wife accused…

Customer Question
I have a restraining order...
I have a restraining order against me after my wife accused me of assault after we detected her adulterous relationship. In my view her attitude was to obscure any discussions about the adulterous affair by complaining of domestic violence and abuse from the partner. The court seemed to believe her and convicted me. In the end she also requested for a restraining order where there should be no contact with her. She is still leaving in my property but she has on several occassions tried to contact me. The police are aware of this. I need that order removed so that I can have regular contact with the children as any discussions with them may be seen as indirect contact. What should I do? Kindly advise.
Submitted: 8 years ago.Category: UK Law
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Answered in 4 minutes by:
6/17/2010
Solicitor: Clare, Solicitor replied 8 years ago
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 35,301
Experience: family solictor with 25 years experience
Verified

hi

when was the order made and when will it expire

has she got a solicitor

claire

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Customer reply replied 8 years ago

Hi Claire,

 

The order was made on 12 th May, 2010. It appears to be indefinite as they say it remains until a further order is made. She does not have a solicitor but relies of CPS and IDVA.

Solicitor: Clare, Solicitor replied 8 years ago

hi

have divorce proceedings started

how old are the children and when did you last see them

claire

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Customer reply replied 8 years ago
Divorce proceedings have not be filed as yet and I do not intend to do so in this country. The youngest child is just over 16 years, the next is 17years, the other is 21years and the oldest is 22years and independent.
Solicitor: Clare, Solicitor replied 8 years ago

hi

does the order cover the children as well?

claire

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Customer reply replied 8 years ago
No it doesn't.
Solicitor: Clare, Solicitor replied 8 years ago

hi

in that case there is no reason why you should not speak to your children direct and it is unlikely that the order will be lifted after such a short time

claire

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Customer reply replied 8 years ago
This does not answer my question because I need this lifted somehow. Why should I note get it lifted when I can prove that she was basically lying? Please advise
Solicitor: Clare, Solicitor replied 8 years ago

hi

if i understand you correctly there has been a criminal prosecution followed up by a civil restraining order - is that correct

claire

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Customer reply replied 8 years ago
Yes, false accusations of assault.
Solicitor: Clare, Solicitor replied 8 years ago

hi

but sadly you were convicted?

claire

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