Delighted Client | Restraining Order Revoked
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
- 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
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
- 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
- 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?
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:
Helen Holder
hholder@kanngssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 0161 817 5020
Sukhdip Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396
