What is a restraint order?
A restraint order is an order issued by the Court to protect an individual from harm.
A restraint order will either be issued for a set term or indefinitely.
Usual terms will include, no contact with the complainant (either directly or indirectly) for the time specified in the order.
The complainant does not want a restraint order. Will the Court still impose one?
The complainant should express their views and objections to the Crown. The Crown can then inform the Court accordingly. The Court will consider these views.
Breach of a restraint order
If you fail to comply with the restraint order and contact the complainant, you will be committing a criminal offence and could face a custodial sentence.
The restraint order is no longer required. Can I apply to get it lifted?
Any part subject to a restraint order can apply to the Court to lift the order.
The Court do appreciate that over time the restraint order may no longer be required. This is because contact may be required to arrange child contact arrangements or both parties may wish to reconcile with each other.
If you wish to lift a restraint order that you are party to you should apply to the Court to lift the order immediately. To successfully lift the order, the aggrieved party with need to prove to the Court that they no longer need the protection of the Order.
What does the Court consider before lifting a restraint order?
1. Views and objections from both parties
2. Views and consideration of any children involved
3. Information that may be available from local authorities
If you are party to a restraint order and require further advice, please contact us
Criminal Defence Team