Removing a Restraining Order

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Created on August 21, 2018

Removing a Restraining Order

A great many people are subject to restraining orders made under the Protection From Harassment Act 1997.

The orders are designed to protect people from harassment and are commonly made in so-called ‘domestic violence’ cases.

However, life moves on, and it is quite common for old relationships to be re-established. If this happens before an order is discharged, the person subject to the order is at serious risk of committing a criminal offence which carries a maximum sentence of 5 years imprisonment.

In other cases, an order may have, for example, geographic restrictions that are no longer appropriate.

Whatever the reason, there is a procedure to vary or remove the restraining order.

Is legal aid available?

Legal aid may be available to a person subject to the order, dependent on a full assessment.

We also offer a competitively priced private client service.

Who makes the application?

An application to remove a restraining order can be made by the person who is affected by the order, the person who is protected by the order, or by the Crown Prosecution Service.

What are the criteria?

There aren’t any statutory criteria for the court to apply, the test is whether there has been a ‘material change in circumstances’ since the order was made. Usually, there must be a compelling case to persuade the court to change its mind. Where the person protected by the order supports the discharge, the application is much stronger as the Court of Appeal has observed. Old Bailey Solicitors will be able to advise you as to your prospects of success should you wish to apply to the court to remove or vary a restraining order.

How we can assist

We will be able to advise you as to the chances of a successful variation or discharge. We will also be able to advise you as to procedure and, if an application is to be made, we will meticulously prepare an evidence bundle and submissions for the court and present these on your behalf.

Camilla Rents regularly acts for clients wishing to remove or vary a restraining order. You can contact Camilla on 0207 8461 645 or by email at [email protected].

Camilla Rents

Camilla Rents

Camilla has specialised in criminal defence work since 2010 and has particular experience in cases involving sexual offences, serious violent offences (including murder) and money laundering and fraud.

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