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A judge has refused an application made by a husband to lift a restraining order. The restraining order was originally made in 2010 following the husband admitting common assault, harassment, affray and threatening to damage. It was reported that he became violent towards his wife after the first year of marriage and the police were called to a number of rows. Whilst the wife had indicated in a letter to her husband that she would now wish to rekindle her relationship with him and believes that her husband had ‘learnt his lesson’, the Probation service expressed concern that the husband not really committed to changing and did not fully understand the seriousness of his offences. The Judge explained that the situation was ‘uncomfortable’ in standing between a husband and a wife, but he feared for the safety of the Wife. The Judge however agreed to relax the order by allowing the couple to communicate with each other, but not to meet, and would reconsider the application again in April next year if they still wished to resume their relationship. To read the article in full please see the link below
The move has been welcomed by domestic violence charities.
If you are a victim of domestic violence and are divorcing or separating from an abusive partner you may be able to get legal aid to help. This can be help with the divorce or things such as child contact or how to share money or property. There are many forms of domestic violence and it is not just about physical violence. The Home Office defines domestic violence as "Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality. This can encompass but is not limited to the following types of abuse:
Controlling behaviour is: a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.
Coercive behaviour is: an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim.”*
*This definition includes so called ‘honour’ based violence, female genital mutilation (FGM) and forced marriage, and is clear that victims are not confined to one gender or ethnic group.
At Terry Jones Solicitors we offer a FREE half hour consultation where we can give you advice and discuss the funding options available to you. This may be assessing your eligibility for Legal Aid or simply discussing our very competitive rates on a privately paying basis.
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