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I successfully managed to get a non-molestaion order

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discharged against my husband. Now...
I successfully managed to get a non-molestaion order discharged against my husband. Now he has a restraining order under international jurisdiction that was made in Fuerteventura and now recognised by the jurisdiction of England and Wales. I have written to the Magistrate courts here to ask for it to be disharged as no longer necessary, especially as we want to reconcile and in light of a District Judge of the Family Court deeming the Non Mol being not necessary anymore. How likely is it to be discharged?
Submitted: 3 months ago.Category: UK Law
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Answered in 6 hours by:
3/28/2018
Solicitor: JimLawyer, Senior Associate & Consultant replied 3 months ago
JimLawyer
JimLawyer, Senior Associate & Consultant
Category: UK Law
Satisfied Customers: 625
Experience: Senior Associate Solicitor and Litigator
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Hello, thanks for the question.The non molestation order was made and discharged in civil proceedings, however, the restraining order was made in a criminal court with a much higher burden of proof and as such is a somewhat more serious issue.That being said, you have written it the magistrates court and the previous non mol order would be influential and persuasive when the question of whether the restraining order should be discharged.The magistrates will consider the criteria under Section 5 of the Protection from Harassment Act 1997, so in effect they need to be satisfied that circumstances have changed so that continuance of the order is no longer necessary. There has to be a change of circumstances and where you support the discharge, the application you made is much stronger.As such, it depends what you said to the magistrates but if you've put some salient arguments down why it should be discharged and its come from you personally, I'd say there's a good chance it will be discharged.Please rate my answer and thanks again,J
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