Quentin achieves variation in Restraining Order
Mr DT who was convicted of common assault on his wife in 2019. Upon conviction, DT was subject to a restraining order, which amongst other things, prohibited him from visiting his previous home address. DT was finding the order unworkable due to the fact that he needed to visit the address to carry out modifications to the house and instruct estate agents in order to sell the property to satisfy his divorce settlement.
DT suspected that his wife did not want the house to be sold as she was comfortable living there and the existence of the criminal order was preventing him from visiting the property was therefore preventing the property being sold and the divorce being finalised.
DT contacted Quentin Hunt for assistance in the variation of a Restraining Order. Quentin met DT in conference and got hold of the relevant papers and liaised closely with DT’s Family Law solicitor who was handling his divorce proceedings. Quentin then sought a variation of the restraining order by making an application to the Magistrates Court under s5(4) of the Protection from Harassment Act 1997. This was accompanied by a detailed statement from Mr DT and accompanying exhibits supporting the application.
The matter was initially listed for the application to be heard at Court and the Crown Prosecution Service indicated that they were opposing the application. Quentin pursued the application vigorously and the CPS retreated to a position where they were to call DT’s wife to give evidence to rebut Quentin’s assertions. Upon the listing of the case for evidence to be heard Quentin approached the prosecutor and outlined the problems with their case and the way in which he would be able to destroy the credibility of the complainant should they call her to give evidence. The prosecution proceeded to review their position and decided that they would not oppose Quentin’s application. As a result, Quentin was able to present the variation of the Restraining Order as an agreed position and the Court granted the variation in short order.
The variation of a restringing order is a factually and legally complicated area of law. A specialist lawyer in this area will be able to present an application effectively so as to give it the best chance of success.
Quentin Hunt is a specialist Criminal Barrister who has over 20 years’ experience dealing with restraining orders; he approaches all cases, big or small, with the same level of professionalism, dedication and enthusiasm. Quentin has written on the variation and discharge of restraining orders here. If you find yourself wanting to vary a restraining order you may contact Quentin for a free no obligation conversation about your case.