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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice.
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Ive been in a relationship with my male partner for

Customer Question

Hello
Ive been in a relationship with my male partner for approx 18 Months he Suffers from Mental health Problems and has become Unstable a number of times resulting in him being Violent towards me and other members of the public, the Police had attended my property a number of times for a number of assaults i did not press charges on.
Both myself and my partner have tried for over 18 months to get him the right mental health help and support, but despite him attempting his life a number of times nothing much was offered and in my opinion contribrutally to his declining mental health and mood swings and violient outbursts.
My partner was given a 9 month probation order last year after spitting in my face, and then on April 15th of 2015 he was given a 2 yr suspended sentence after he started harrassing me at the break down of our relationship. It was suggested to me at the time in court it would be wise for me to have a restraining order put in place which unfortunately I agreed to without having it fully explained to me, now was the duration i required it to run asked of me and the magistrate gave an indefinite one.
As a result of court my partner is now getting the help we had been asking for over the last 18 months, im also getting support for what has been at times and abusive relationship.
My question is how hard might it be to revoke this restraining order i have in place against my partner, i noticed on somebody elses post something about having 21 days to appeal against a restraining order, but im assuming that would be my partner who would have to appeal and not me ? I know he wouldnt appeal it incase appealing it, drastically caused a worse situation with his sentence, we both now have help available and want to reconcile and work with relate and his mental health teams for a safe future relationship, can you advise the luckly hood of possible success please.?
Submitted: 2 years ago.
Category: UK Law
Expert:  Jo C. replied 2 years ago.
HiHave you done this before in other relationships? I presume you have called the police several times in this relationship?
Customer: replied 2 years ago.
No i have never placed a restraining on anybody else at all nor have i been with anybody in previous relationships with mental health issues relating to violient outbursts, when my partner was taking his medication he was stable and a great guy to be around and reason i still wish to reconcile this relationship now he has so much extra help on hand, id also just mention that im on safeguarding and currently on high risk with marrac for some reason
Expert:  Jo C. replied 2 years ago.
No, sorry I don't mean that. I meant called the police to personal disputes? It will make a difference. Some people keep the police on speed dial Im afraid.
Customer: replied 2 years ago.
Only in this relationship have i needed police attendence and i have not used police at any other time of my life ,i believe they came to my house 8 or so times throughout the 18 months we were together
Customer: replied 2 years ago.
This was when hes been unstable and pyschotic
Expert:  Jo C. replied 2 years ago.
Yes, and they will have a note of that. In fairness, that is a high call out rate by the standards of most people but you have to bear in mind that there are women who call the police every time there is a row in the house and therefore have called them thousands of times. In terms of the restraining order, he just needs to attend at the issuing court and ask for removal and call you as a witness. It is not complicated. He does need to give CPS notice of his intention to do that. However, the Court will consider whether the order should be removed. You cannot hide from the fact that 8 call outs is a lot and they are probably not going to be that keen on removing the order. The trouble is that it does use police resources and also expose police officers to risk to attend at these domestics and that is something that must be balanced against the wishes of the individual. The only way you are going to convince them is to argue that there won't be any further instances and set down the reasons. However, if there is another call out then that will substantially undermine that. I think probably on the first occasion you would get it removed but if the police are called again it is game over. Can I clarify anything for you? Jo
Customer: replied 2 years ago.
Im just wanting clarify you got this the correct way around, i had the restraining order taken out on my partner who had been violient towards me when unstable, but you are suggesting it should be him to apply to have it removed ? I as the plantiff have already put in a request to have it revoked. Can i just clarify this with you ?
Expert:  Jo C. replied 2 years ago.
Yes, it has to be him. You didn't apply. What happened is that you made an allegation to the police and they applied consequent upon conviction. He is the subject of the order and so he must apply. You are not the plaintiff. We don't have plaintiffs in the UK. You may well have mentioned to the police that you want it revoked which will not please them given the volume of call outs. That does not amount to an application to revoke. If there are other call outs though, he will go on a life long restraining order and no court would entertain an application for removal. This is literally last chance saloon. That is not, of course, to say that you have to put with mistreatment. I am just making the point that if you get the police involved in it then you lose control.
Customer: replied 2 years ago.
Im not sure i understand you when u say he needs to apply for revoking of the restraining order as he was sentenced for harrasament and then the cps asked me while in court if i wanted a restraining order which i agreed too and they made it indefinite without asking myself how long i wanted. Ive already applied myself to court to have the restraining order revoked since it was the cps who asked me if i wanted, are you still saying he has to ? When CPS had asked me if i wanted it ?
Customer: replied 2 years ago.
The restraining order is not to contact nor enter my street just to give u some more information
Expert:  Jo C. replied 2 years ago.
As I have said, he has to apply for the reasons I explained