Kangs Solicitors are regularly instructed by clients involved in situations where a Restraining Order is involved.
Nazaqat Maqsoom of Kangs Solicitors explains the nature of Restraining Orders.
What Is A Restraining Order? | Kangs Criminal Defence Solicitors
A restraining order is an order made by a criminal court preventing a person from pursuing a course of conduct towards another person with the intent to protect that person.
The duration of the order may be for a specific period of time or for an indefinite period.
A restraining order will normally contain conditions preventing the person against whom it is issued from specific activity such as prohibiting contact with an individual, family or friends or visiting named premises, address or even area.
When Is A Restraining Order Made? | Kangs Criminal Advice Solicitors
Restraining orders are normally made in cases involving harassment, stalking, sexual or physical assault and, most commonly, domestic violence and, therefore, the protected person frequently knows the person against whom the order is made.
The Relevant Law | Kangs Serious Crime Defence Lawyers
Under Section 12 of The Domestic Violence, Crime and Victims Act 2004, which amended Section 5 of the Protection from Harassment Act 1997 (PHA) any person who has been convicted or acquitted in respect of any criminal offence after 30th September 2009 may be subjected to a restraining order, should a court consider it appropriate to protect any person from the defendant.
Accordingly, even if acquitted of an offence, a defendant may still be controlled by a restraining order.
Breaching A Restraining Order | Kangs Restraining Order Solicitors
If the defendant breaches the order and continues with the prohibited conduct, then that person can be arrested and charged with the criminal offence of breach of a restraining order under s5(5) PHA for which the penalties are:
- in the Magistrates’ Court – a term of imprisonment not exceeding six months or a level five fine.
- in the Crown Court – a term of imprisonment not exceeding five years and/or a fine.
The severity of the sentence imposed will take into consideration factors such as:
- the seriousness of the breach
- whether violence was used
- the number of breaches
- the level of harm or anxiety which resulted
How Can We Help ? | Kangs Criminal Defence Solicitors
Kangs Solicitors regularly deal with serious cases involving restraining orders and our Team of experienced solicitors is available to assist and advise those affected by the same.
Who Should I Contact? | Kangs Restraining Orders Solicitors
Our team of solicitors can be contacted through the following: