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Ex girlfriend has a restraining order on me but is calling me - where do I stand? LocalSolicitors.com

How do I stand when my ex girlfriend has a restraining order on me?

Depends on the circumstances. Off top of head, dependent on how the have gained entry then there may be an issue about criminal damage? Old Vagrancy Act charge of being found on enclosed premises includes houses, but would need an unlawful purpose - old chestnut that used to be trotted out was to facilitate taking (and therefore possession) of drugs - but was used often when the police lacked evidence of a particular crime but somebody was found in dubious circumstances.

Police may not believe account so charge them with burglary with intent to steal anyway and it will go through the courts? If they had previous convictions for, for example, theft or burglary, then might make this course of action more likely.

Some quick thoughts, hope of some use?

What lesser charges might apply if Burglary can't be proven?

Hi there,

My name is Genan Hashim from Ison Harrison Solicitors. We have 12 branches throughout Yorkshire.

The first thing to know is if you have concerns regarding your brother in law’s welfare you should notify the prison immediately. Ring them on 0161 817 5600 and give his full name and DOB. They can then make sure he has an assessment and gets the help and support he needs when he is in custody. The solicitor that dealt with the matter may have done this but it is important the prison know this and can ensure he is looked after.

To find out who the solicitor was the magistrates court will be able to tell you. If you ring them and explain that you need to locate the solicitors they will be able to look on their system. Again, they will need his full name, DOB and the date he appeared. The solicitors will send a letter out to him and that will have their details on and hopefully he will have that shortly.

When assessing the appropriate sentence the court will take into consideration that he pleaded guilty at the first opportunity, that he has no previous convictions and the fact that he was clearly unwell at the time of the incident (which is evidenced by him being hospitalised). Sentence is matter for the Judge and consideration of a suspended sentence would be something that he/she would consider. It is impossible to give a percentage chance of such a sentence but it is well within the court’s powers and given his background as you have outlined and the factors in this case it is likely this will be a consideration for the Judge. The probation service will also carry out an assessment of your brother in law and make recommendations as to alternatives to prison and consider what support he needs so they can work with him in the community. The starting point would be 18 months in custody but the Judge would apply the mitigation factors to reduce that. Any sentence of 2 years or less is able to be suspended.

If you would like a confidential chat, please call me directly on 0113 200 7402 or email genan.hashim@harrisonbundey.co.uk

Best Wishes,

Genan

Sentence for Premeditated ABH & Common Assault

How do I stand when my ex girlfriend has a restraining order on me?

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