Application To Vary Restraining Order

[Elley]

My friend has a molestion order against him today he has received a letter from the court on the bottom is says

Cases:a application to vary a restraining order made on 20/12/12 by magistrate court not to contact directly or indirectly save for by text

Then it says reasons. review
Any advise
His original molestion order was no contact unless with solicitors

[Elley]

Exact words, application to vary a restraining order made on 20/12/13 by xxx magistrate court for xxxx by not to contact directly or indirectly save for by text message only for the purpose of contact for child

[pixie373]

I take it he has complied with the original order and because of that, he is now allowed to contact her by text about the kids. Was that what you were asking?

[Elley]

Does he still need to go to court to get this varied

[pixie373]

To me, it just looks like an application, to be considered. Wait for someone legal to come along here, but he should wait until he knows.

[Elley]

Yes that's what I said his ex has asked the court to vary the molestion order so he can contact her via text this letter is to invite him to court to get this varied

[pixie373]

I think so too. Barmaid or Eddie might answer hopefully. They will know.

[Elley]

Further question if they vary no molestion orders is it common to call the defendant back to court

[New Judge]

Yes. Not only is it common, it is mandatory. The person who is subject to the order must be given the opportunity to make representations to the court as he may not want the order to be varied. It could be that the order is to be made more strict or less, but he must be invited to attend the hearing.

[pixie373]

Sorry nj, i knew I'd missed out someone:-(

[Elley]

Thank you to you think this notice is for breach

[Elley]

The county court where the where having a hearing for child contact advised mum to vary the molestion order

[Peter Pedant]

I know nothing about moestion orders.
BUT
where a case is listed as your fren's been listed
and one side does not turn up (here it is your fren')
then it is a walk-over for the other side who may well then apply without notice for something worse.

Undefended actions are lawyers' heaven.....

[tonywiltshire]

The court probably issued a non-molestation order to your friend which is a wide ranging order under the Family Law act 1996; the breach of such an order is a criminal offence. This is now to be reviewed and your friend should attend and make any representations to the court he feels (or his representative believes) are justified.

[Peter Pedant]

well done Tones
Yes turn up and plead your case
The number of people who DON'T turn up and expect the judge to be a telepath and know what the issues are ....

Yes Elley your fren' needs to turn up to court

[tonywiltshire]

You are quite right Peter it is a lot easier when the other side does not appear.

[Elley]

His ex partner was ordered by the county court to vary the molestion order so he can contact her for child contact but the molestion order was given my the magistrate court hence he has to appear know to agree to the variance

[Elley]

Hence the review as the notice says permission for SMS but he is scared to accept this

[FredPuli43]

Peter, I once won a case as counsel without turning up. I was very junior, and I couldn't find the room for the hearing in the High Court. When I eventually did find it, I asked about the case only to be told that it had finished. So, I asked, tremulously, what had happened and "Didn't the Master say anything about my absence?". The answer was "He said to your opponent 'I am not surprised Mr Puli has not turned up. Seeing the state of your case, he probably didn't think it worth bothering!'" and proceeded to make all the orders that I wanted, plus one I wouldn't have thought to ask for. That left the problem of endorsing and signing the brief. what to put? I recorded the result "Coram [before] the Master, listed the orders "ordered..." adding to those orders "in absentia puli [but using a Latinisation of my real name]". My solicitor remarked on the good result, saying he'd not heard of a 'puli order' before. I told him that was only occasionally used, but was regarded as somewhat cosmetic.

Elley , I do not recommend absence in your case. Let's just say that it is reserved for incompetent professionals ! Nobody else should risk it !

[Elley]

My friend rang the court they confirmed this is an application to vary the order nothing more but if you refused to have is varied you can write to the court. His ex wants contact via email for child contacts currently there is no communication mode

[Peter Pedant]

Well done Puli ! - bene factus Pule !
I quite like a pooley order.


I was given notice that an unwilling tenant who had alleged fraud on my part, was not gonna turn up, and all my frenz egged me on to ask for £1500 damages in lieu of arrears which I wasnt planning to do as it was a possession hearing - oh and costs.....

hence my advice to Elley that it give the other side licence to walk all over you.