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restraining order only spent when expired

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Re: restraining order only spent when expired

Postby shootist » Wed Apr 12, 2017 3:04 pm

A person that a court considers needs restraining for two years, so to speak, should be prepared to suffer the consequences.
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Re: restraining order only spent when expired

Postby atticus » Wed Apr 12, 2017 4:19 pm

Who just discovered this fact?

Surely para (g) contains the answer to your question
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Re: restraining order only spent when expired

Postby Maz JP » Thu Apr 13, 2017 4:12 pm

BWH wrote:Why do you feel the need to be t***s about it

Yes I only found out that the restraining order means that the conviction is unspent for 2 years. My friend that is no reflection on me rather a very sad indictment of the quality of your profession. I was told that my sentence was better than getting a community order. WRONG , the community order would of been spent quicker

I think you are incorrect in your understanding. A restraining order is not an alternative to a punishment, it is additional. (Around my neck of the woods, we call them Ancillary Orders). When someone is sentenced for a crime, say Domestic Violence, they are given punishments like Community Orders; a Restraining Order is an additional requirement we can make, generally at the specific request of the prosecution (who will have been guided in this by the victim), whose purpose is (unlike the main sentence) not punitive, but rather to protect the victim and prevent the commissioning of further offences.

That's what happens following a conviction.

As I understand it, the only times we may make a Restraining Order when there is no conviction is if the court is satisfied (to the civil proof burden) after an acquittal that the facts give rise to the necessity of the order. But, as I understand it, there was a conviction in your case, so this does not apply.
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Re: restraining order only spent when expired

Postby dls » Thu Apr 13, 2017 5:08 pm

Typically a restraining order stops somebody doing something they cannot lawfully do any way, and or should not do. It does carry difficulties as to its disclosure, but it is very debatable that it is 'worse' than a community service order. In a more lovely world, a practitioner would have the time (30 minutes++?) to give a full explanation of the assorted and myriad effects of the many different possible sentences, but in the rather less lovely world we live in, he probably has one or two minutes.

. . and shooting at shootist as a member of the legal professions might be a bit of a miss.
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Re: restraining order only spent when expired

Postby Maz JP » Fri Apr 14, 2017 9:42 am

BWH wrote:Off course if you appeal and win , you might well have already done your community order and paid the price for a crime you didn't commit , which happened to somebody recently

In which case you should apply for compensation for the 'lost' time. It's all covered in the leaflet appellants get.
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