Kangs Solicitors has successfully obtained the Discharge of a Restraining Order (‘the Order’) made against our client by Thames Magistrates’ Court in September 2013.
Helen Holder of Kangs Solicitors reports on the circumstances.
The Circumstances | Kangs Solicitors Defence Team
- Our client was made subject to the Order after being convicted of assault charges.
- The Order was made ‘until further order’ with the effect that it was effective until discharged and would appear on a basic DBS check.
- Our client wished to make an application to revoke the Order which would result in a future DBS check against him being clear.
The Relevant Law | Kangs Criminal Law Advisory Team
Section 5(4) of the Protection from Harassment Act 1997 states:
‘The Prosecutor, the defendant or any other person mentioned in the order may apply to the Court which made the order for it to be varied or discharged by a further order.’
How We Assisted Our Client | Kangs Restraining Order Team
- Full instructions were taken from our client in relation to his life since the Order was made, the effect the Order was having on his life and the grounds for wanting it revoked.
- A full and detailed application was prepared and served on the Court and the Prosecution.
- Appropriate Counsel was selected and instructed to represent our client at court.
The Successful Result | Kangs DBS Solicitors
- Having considered the detailed submissions put forward to the Court, it accepted our arguments and discharged the Order.
- The effect of the Order being discharged is that it is deemed ‘spent’ and should not no longer appear on a basic DBS.
- Our client was delighted with the result achieved on his behalf.
How Can We Help? | Kangs Criminal Defence Solicitors
Arrangements can be made to meet at any of our offices in Birmingham, London and Manchester.
Please feel free to contact our team through any of the following who will be happy to speak to you and guide you: