Restraining Order Revoked Following Successful Application

Our client was subject to a long-standing Restraining Order ('RO'), during which he was arrested on numerous occasions following allegations that he had breached its terms. He consistently denied those allegations and was never convicted of any breach offence. However, the repeated arrests and ongoing allegations had become increasingly oppressive and intolerable. The application was therefore brought to prevent the continued misuse of the order through false allegations made without consequence.

In the most recent prosecution, we relentlessly pursued disclosure of mobile phone data which demonstrated our client had not made the offending calls, and shone light on the details of every previous false allegation. We used this to highlight the lack of corroborative evidence.

Our application detailed the effect that the arrests were having on our client’s mental health. Our client is vulnerable and the arrests resulted in multiple occasions when our client was kept in a police cell overnight, awaiting lengthy court cases.

We outlined the test for imposing a RO and highlighted that the outcomes of these investigations show that it is no longer necessary to protect the person from harassment, due to there being no evidence of contact in the long period that the RO has been in place.

The prosecution opposed the application, and the case was listed for a contested hearing. The application succeeded and the restraining order was discharged by the court.

Our client left the following feedback to Ellie:

Thank you so much for helping me get through this. I knew I chose right by choosing the company, you helped me with things that should have been done years ago. I want to thank you from the bottom of my heart, now that it’s removed I can continue my with my life.

Words cannot express how grateful I am for the support and help you have given me through this difficult time – and to a successful outcome. You are appreciated!  

Ellie Godwin prepared the application to revoke the RO and was supervised by Daniel Caverglieri. Ceci Power of 2BR Chambers was instructed Counsel.