Amend restraining order to prevent neighbour returning after prison

newatc

Sounds absolutely terrible Aroominyork. Can't answer your question but best of luck in finding a solution.

aroominyork

Emmia, yes he owns (co-owns with his wife, a very old woman who he has a financial arrangement with but has never slept with) his house. And my starting point is also that when he had served his sentence he has the right to live in his house. My question is whether there is a legal avenue, as the CPS suggested, to amend the restraining order?

aroominyork

I appreciate, all, that a free forum isn't the place for definitive advice. I just thought a few law-savvy people might chip in with useful thoughts. We're piecing together pieces of the puzzle and this might be one piece. 

Emmia

aroominyork said:

Emmia, yes he owns (co-owns with his wife, a very old woman who he has a financial arrangement with but has never slept with) his house. And my starting point is also that when he had served his sentence he has the right to live in his house. My question is whether there is a legal avenue, as the CPS suggested, to amend the restraining order?

How do you know definitely he's never slept with his wife (and indeed what business is it of yours, and why is their sex life, or lack thereof relevant to this?)

If your neighbour doesn't move back to his home, he's out of jail and needs to live somewhere - where do you propose that is?

This is why I'd have moved, taking myself out of the whole situation. I'm sorry that's not the viewpoint you're seeking.

If you want advice on the restraining order - please go and seek and pay for professional advice.

BonaDea

You might be better off trying to find a lawyer who'll give you an hour pro-bono.  Or perhaps if you live near a university with a law school, they sometimes have free surgeries where you can get legal advice from students under the supervision of their lecturers.  Or, and I hope this isn't discussion board heresy, you could try https://www.reddit.com/r/LegalAdviceUK/

EssexHebridean

Didn’t want to read and run - so sorry you’ve had to go through that, and that you now have the fear of your neighbour returning - I fear that he really does sound at all like he is likely to behave reasonably.


I absolutely understand that you would prefer not to have to move - indeed, you really shouldn’t have to even be considering taking that step, I would completely agree. However - it also concerns me, and I’m sure you too - that when the neighbour returns he is likely to not only maintain his reasons for his dislike of you, but also add to that resentment for what he may feel as you causing his time in prison. If that means he chooses to escalate things, and perhaps turn his violent behaviour against you and your family, not your property, what then? Is it really worth maintain8g a position of stubbornness when that is the risk?

Yorkie1

CPS guidance on restraining orders:
https://www.cps.gov.uk/legal-guidance/restraining-orders

As a neighbour, it's not domestic abuse and so you wouldn't qualify for DVPO and DVPO (civil orders) - see the CPS domestic abuse guidance - but also look at Annex E there, which contains some specialist support agencies. These are set up to advise domestic abuse victims, but their websites may give more information about injuctions or other possibilities for you, even if the agency won't advise you specifically:
https://www.cps.gov.uk/legal-guidance/domestic-abuse

aroominyork

Thanks all. I appreciate we need legal advice  - I just thought a few useful pointers might come out of this forum. I appreciate this is complex and am happy to let it stop here.

ThisIsWeird

Emmia said:

How do you know definitely he's never slept with his wife (and indeed what business is it of yours, and why is their sex life, or lack thereof relevant to this?)

I suspect the point being made was that it didn't appear to be a marriage of luv, but very likely exploitative?

Emmia

ThisIsWeird said:

Emmia said:

How do you know definitely he's never slept with his wife (and indeed what business is it of yours, and why is their sex life, or lack thereof relevant to this?)

I suspect the point being made was that it didn't appear to be a marriage of luv, but very likely exploitative?

I still don't see how that's the business of the OP or relevant to their complaint. People get (and stay) married for all sorts of reasons - money, tax benefits, kids, social pressure, companionship... Love and sex may have nothing to do with it.

If the Mrs doesn't want him back, she would need to make a complaint herself. Him being in prison would be the ideal opportunity to divorce,, or to move herself if the relationship was abusive or not what she wanted... But presumably she hasn't. 

Just because she's older, doesn't mean anything.

As I said before, the OP should seek legal advice on the next steps if they want to prevent this guy coming back to his home.