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Hello. Im a first timer on this site so having a little difficulty navigating my way around. Anyway following my divorce last year my ex wife appllied for a restraining order...this was granted...I could talk about for hours the lies and untruths told during her application but it wont solve anything. Anyway I wish to now apply to have the terms of the restraing order modified . For example i'm in a position where I cannot contact her directly or indirectly....which makes it impossible to sort out financial issues/ancilliary relief issues. I cannot afford the use of a solicitor after having already spent thousands on them. So in order to sort out the financial aspects of our marriage I will need to contact her directly...preferrrably by E mail or text...I dont at this stage forsee her accepting over the phone contact.
I am not going to employee the services of a solicitor for this apllication but wish to do this process myself. Has anybody had any experience of apllying to have these unjust restraining orders modified or even expunged.
Thanks Everyone
Jerome
Hi Jerome,
Just to let you know the 'Legal Eagle' section of the Forum is a great place to find answers from others who have been in positions that may be similar to yourself. You may want to post in this section in future so you'll have more of a chance of those with legal knowledge finding your question & replying. It can take a while to get used to the Dad Talk forum, just thought that info might be helpful for you.
In regards to your question it might be helpful to know why you received the restraining order & how long ago it was given to you. With regards to the financial side are you talking about payments towards the care of your children or the financial decisions in splitting what you own e.g. maybe a house?
Hello. Thanks for your reply. The restraining order was granted to the ex after a court case. The ex had claimed that during an arguement that I had pushed her. It went to a magistrates court where I was found not guilty. However the court, unlawfully granted her a restraining order for 3 years. The restraining order prevents contact with her indirectly and directly. However I believe that there was no evidential basis for the restraining order and that the magistrate failed to comply with section 50 of the criminal procedures act which requires that those who have an application against them for, a restraining order, are provided opportunity to consider the serious nature of the imposistion of such an order...and where appropriate prepare a defense. This opportunity was not granted. Likewise the magistrate did not have any evidential basis for the granting of such an order. Reference the finances I pay maintenance to the ex as I have two children who I see weekly. However matters relating to ancilliary relief i.e. the splitting of assests etc have not yet been resolved. The restraining order makes this impossible to do. I cannot afford the use of a solicitor. The ex is a senior police officer. I hope this helps and will appreciate any advice with regards the process of applying to discharge the restraining order. For examle will I have to apply to the same magistrate who intitally granted the RO?
Hi Pokerjoe
I would say that your best action at the moment is to contact the Citizens Advice Bureau as this isn't an area that I believe the CCLC have any expertise in, especially as you are having regular contact with the children.
Hey Poker Joe
Welcome to the site - tell me is this site not very user friendly for first time users?
What difficulties did you have?
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