Restraining Orders Explained
KANGS are regularly instructed by clients involved in situations where a Restraining Order is involved. Nazaqat Maqsoom of KANGS explains the nature of Restraining Orders.
Contents
What Is A Restraining Order?
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?
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
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
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 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. Our team of solicitors can be contacted through the following:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
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