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25 Feb 2022

Brushing the very fine line between criminal law and sexual offence law is the area of restraining orders.

If you find yourself issued with a restraining order following an accusation of sexual assault or offence, it can be a very worrying time. After all, many people are aware of what a restraining order is in theory, but when it comes to following one, the area becomes fraught with concern.

This is where we come in.

At ABV Solicitors, our sexual offence solicitor will endeavour to help you if you find yourself issued with a restraining order or accused of sexual assault. Our team is compassionate and non-judgemental and will aim to ensure that you have your legal rights met in any case that can develop from such an accusation.

But what are some of the most common questions that our sexual offence solicitor is asked by our clients relating to restraining orders?

Read on to find out!

How does a restraining order differ from an injunction?

According to our sexual offence solicitor, the key difference is that an injunction can be taken out against someone before their case enters the court. A restraining order can only be granted after a case has ended.

In many cases, injunctions are taken out to prevent assault and protect someone who may be at risk of violence in the lead up to a court case.

I’ve been found not guilty of sexual assault; can I still have a restraining order taken out against me?

Yes; a court may still want to place a restraining order on you after you have been found not guilty of any kind of criminal or sexual assault or offence.

This will typically be done if the court believes that the defendant may still pose a risk to the accuser. It is worth noting that even if a restraining order is not granted by the court, the accuser may still be able to apply for a protective injunction against you.

Can I challenge a restraining order?

Yes, you can, and our team at ABV Solicitors will help.

This will involve our team needing to prove to the court beyond a reasonable doubt that you are not a threat to the accuser. This will need to go through a court, and we will need to appeal for it within 21 days of it being issued to avoid problems with time limits within the law.

How long do restraining orders last?

A restraining order can last for a specific time limit or may be granted for an indefinite period.

The duration of the restraining order will depend on the perceived threat level, any pre-existing concerns and the perceived ongoing risk to the accuser.

So, a restraining order can last years, and the accuser has the right to have the restraining order renewed when it is over.

Will it impact my job?

It is unlikely that a restraining order will impact your job and should not impact your future employment opportunities.