reasonable excuse defence breach of restraining order There had been no breaches of the order, but the victim was anxious about losing her protection. The Property Chamber of the First-tier Tribunal has taken a hard line on landlords who try to rely on ignorance of the law as a defence, including those who are based abroad and have instructed reputable letting agents. A breach of parenting orders is considered a very serious contravention in the Federal Circuit and Family Court of Australia (FCFCOA). This includes the regulation of the private rented sector (my own practice area), penalties imposed by HMRC relating to tax obligations, and, in the regulations which give legal effect to the stay at home rules during the COVID-19 crisis, the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. If a person is proven to have breached a restraining order, the penalties can be severe. The 10 years had almost expired, and the victim applied to the court for the duration to be extended. A victim should also be given the opportunity to make a Victim Personal Statement. As it was not the Crowns application to extend, the CPS took a neutral position on the second submission but instructed counsel to attend the Court of Appeal and make submissions to assist the Court on the first, novel, point of law. The applicant must prove that the respondent has "a case to answer". For further guidance prosecutors should refer to the Bail legal guidance. Category 1 Breach causes very serious harm or distress to an individual Category 2 Factors in categories 1 and 3 not present Restraining orders may be difficult to obtain and/or enforce if the victim and defendant are in a continuing relationship and/or the victim would like to continue contact with the defendant. There is no power for the court to make an interim restraining order. For cases in which the conviction occurred prior to 1 December 2020, the application must be made under section 5 PHA 1997. The sole defence to a breach of an order is that the suspect had a reasonable excuse. This was appealed by the defendant and the Court of Appeal said the judge was right to consider making a restraining order on the facts of the case. Required fields are marked *, Copyright Anthony Gold Solicitors LLP. However, there is still a lot of ambiguity in the law, and the College of Police has published guidance for officers on what constitutes a reasonable excuse. Was it just an accidental breach or chance encounter? These include: Remember, breaching your restraining order is not a matter to be taken lightly. But in contrast there is no moral blame attached to going shopping for essentials during the COVID-19 lockdown.
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