Scots Law - restraining order?
Discussion
Hello,
I'm after a bit of advice. Someone I know (person A) has taken out a restraining order on someone else (person B), but I don't know what that prevents 'B' from doing.
Firstly, is there such a thing, and how do you go about getting one?
Secondly, what does 'B' have do to allow 'A' to implement the order?
Lastly, what happens if 'B' does something to 'A'? Do they get arrested?
Sorry for sounding vague!
Cheers
I'm after a bit of advice. Someone I know (person A) has taken out a restraining order on someone else (person B), but I don't know what that prevents 'B' from doing.
Firstly, is there such a thing, and how do you go about getting one?
Secondly, what does 'B' have do to allow 'A' to implement the order?
Lastly, what happens if 'B' does something to 'A'? Do they get arrested?
Sorry for sounding vague!
Cheers
miniandy said:
Hello,
I'm after a bit of advice. Someone I know (person A) has taken out a restraining order on someone else (person B), but I don't know what that prevents 'B' from doing.
Firstly, is there such a thing, and how do you go about getting one?
Secondly, what does 'B' have do to allow 'A' to implement the order?
Lastly, what happens if 'B' does something to 'A'? Do they get arrested?
Sorry for sounding vague!
Cheers
I'm after a bit of advice. Someone I know (person A) has taken out a restraining order on someone else (person B), but I don't know what that prevents 'B' from doing.
Firstly, is there such a thing, and how do you go about getting one?
Secondly, what does 'B' have do to allow 'A' to implement the order?
Lastly, what happens if 'B' does something to 'A'? Do they get arrested?
Sorry for sounding vague!
Cheers
Sounds like an injunction to me. Gentley Bentley may be able to help. I'd suggest that the order will state things that mustn't be done by the respondent. Any breach of the order would probably result in an arrest, an investigation and an attendance at Court.
To get one in England you's ask the judge to grant it. Scottish law would be similar.
Boosted.
Possible as above made by a Civil Court (injunction).
or, under criminal proceedings
Sexual Offences Act 1997 S5a (not to be read in the presence of christians)-person charged with indecent matter if the Court is satisfied and deem necessary to do so in order to protect the public in general, or any particular member of the public from serious harm, may make a restraining Order prohibiting the offender from doing anything mentioned in the Order.
OR
Protection from Harassment Act 1997 S5 - Person convicted of either harassment (S2) or putting people in fear of violence (S4), in addition to any sentence , Court may make restraining Order to protect the victim from further conduct which amounts to harassment, or will cause fear of violence prohibit the defendant from doing anything mentioned in the Order.
To breach - 5 years imp, fine or both (Crown Court)
6 months imp, fine not exceeding stat limit (£5,000) or boith (Mags Court)
dvd
or, under criminal proceedings
Sexual Offences Act 1997 S5a (not to be read in the presence of christians)-person charged with indecent matter if the Court is satisfied and deem necessary to do so in order to protect the public in general, or any particular member of the public from serious harm, may make a restraining Order prohibiting the offender from doing anything mentioned in the Order.
OR
Protection from Harassment Act 1997 S5 - Person convicted of either harassment (S2) or putting people in fear of violence (S4), in addition to any sentence , Court may make restraining Order to protect the victim from further conduct which amounts to harassment, or will cause fear of violence prohibit the defendant from doing anything mentioned in the Order.
To breach - 5 years imp, fine or both (Crown Court)
6 months imp, fine not exceeding stat limit (£5,000) or boith (Mags Court)
dvd
miniandy said:
Hello,
I'm after a bit of advice. Someone I know (person A) has taken out a restraining order on someone else (person B), but I don't know what that prevents 'B' from doing.
Firstly, is there such a thing, and how do you go about getting one?
Secondly, what does 'B' have do to allow 'A' to implement the order?
Lastly, what happens if 'B' does something to 'A'? Do they get arrested?
Sorry for sounding vague!
Cheers
I'm after a bit of advice. Someone I know (person A) has taken out a restraining order on someone else (person B), but I don't know what that prevents 'B' from doing.
Firstly, is there such a thing, and how do you go about getting one?
Secondly, what does 'B' have do to allow 'A' to implement the order?
Lastly, what happens if 'B' does something to 'A'? Do they get arrested?
Sorry for sounding vague!
Cheers
Hello Andy,
hope you're not in any trouble from some kind of nutter!!
The law DVD refers to does not apply in Scotland as the Scottish Executive were not happy about certain aspects of the definition of stalking and harrassment.
But in February 2002 they did pass laws in relation to ASBOs that were designed to prevent violent abuse from a persistent source.
In my experience they are not that effective because they are far too vague and unspecific, and worst of all you have to rely on the criminal justice system to operate properly; i.e. the police to turn up on time, accrue enough evidence for a conviction and then the Fiscal and the courts convict.
The old system that is still available I think works on a more practical basis, and that is to take out an interdict against the offender.
The beauty of this is you can have a lawyer cite the offender and have the case heard before a sheriff very quickly indeed: if there is any evidence that you have a case to keep this person away from you, then usually the Sheriff will grant the interdict and place terms on it. These will normally include an order preventing the offender from approaching or even being a set distance, (a mile, half mile) from your home, place of work, family dwelling, etc.
If the offender breaches this order it then can be enforced criminally with the police who incidentally, must act on a breach because it is a court order signed by a sheriff.
I have to say Andy that if you are dealing with a real nutter, then in my experience only physical restraint will stop them. The problem is what form that "restraint" takes.
Best of luck.
Ok not alot to go on here. Yes is the easy answer but they are not called retraining orders as such. It could be one of a few things.
if its a married couple or co-habiting couple it could be an interdict.
his is an order applied for by A against B. It usually follows some type of domestic violence but not in all cases. A's lawyer puts the matter before a Sheriff (civil law) and the Sheriff will decide what the interdict can do. It's limitless. Ive seen them for, not to verbally abuse, physically/ mentally assault, contact, harrass - not to approach home/ workplace 500m of bla bla bla. The Sheriff may grant a power of arrest if the interdict is breached. That means the police can arrest even though the civil law has been broken. They also need only the word of A. NO OTHER EVIDENCE AT ALL.
The main people who fall foul of this are wives who are assaulted by their husbands and an interdict is taken out. The wife and husband sort things out and he is invited back to the house. The police get wind of this or see them walking up the road together.....JAIL. Seems daft but its a court order.
The other thing is a Freedom from Harrasment order. We don't have an issue with stalking because in Scotland breach of the peace covers any type of stalking crime. If a person has two or more CONVICTIONS for these types of crimes then again the court may impose an order under this act. Again te Sheriff decides as above.
It might also be straight bail.
In Scotland a person who appears in court on any charge may be released from court pending a trial. This is called bail. (Nothing to do with the police we don't have police bail because we don't prosecute people or get involved in the decision to prosecute) Bail is applied for by the Procurator Fiscal. The accused must agree to live at a fixed address, comply with any further police enquiries, attend an i.d. parade with 24hrs notice. Again the sheriff can also attatch any other conditions as he sees fit, such as sign on at a police station every day, surrender passport, not contact witnesses, stay in house between 7pm - 7am...anything.
If you can find out a bit more I'll be able to work out what it is...
GB
if its a married couple or co-habiting couple it could be an interdict.
his is an order applied for by A against B. It usually follows some type of domestic violence but not in all cases. A's lawyer puts the matter before a Sheriff (civil law) and the Sheriff will decide what the interdict can do. It's limitless. Ive seen them for, not to verbally abuse, physically/ mentally assault, contact, harrass - not to approach home/ workplace 500m of bla bla bla. The Sheriff may grant a power of arrest if the interdict is breached. That means the police can arrest even though the civil law has been broken. They also need only the word of A. NO OTHER EVIDENCE AT ALL.
The main people who fall foul of this are wives who are assaulted by their husbands and an interdict is taken out. The wife and husband sort things out and he is invited back to the house. The police get wind of this or see them walking up the road together.....JAIL. Seems daft but its a court order.
The other thing is a Freedom from Harrasment order. We don't have an issue with stalking because in Scotland breach of the peace covers any type of stalking crime. If a person has two or more CONVICTIONS for these types of crimes then again the court may impose an order under this act. Again te Sheriff decides as above.
It might also be straight bail.
In Scotland a person who appears in court on any charge may be released from court pending a trial. This is called bail. (Nothing to do with the police we don't have police bail because we don't prosecute people or get involved in the decision to prosecute) Bail is applied for by the Procurator Fiscal. The accused must agree to live at a fixed address, comply with any further police enquiries, attend an i.d. parade with 24hrs notice. Again the sheriff can also attatch any other conditions as he sees fit, such as sign on at a police station every day, surrender passport, not contact witnesses, stay in house between 7pm - 7am...anything.
If you can find out a bit more I'll be able to work out what it is...
GB
Hi all,
Firstly thanks very much for taking the time to comprehensively reply. It's much appreciated.
Secondly, with regards to actually putting the wheels in motion (so to speak) would 'A' be required to make a statement at the local police office, obtain a crime reference number, and take it from there?
Sorry for being so vague at this stage.
Cheers
Firstly thanks very much for taking the time to comprehensively reply. It's much appreciated.
Secondly, with regards to actually putting the wheels in motion (so to speak) would 'A' be required to make a statement at the local police office, obtain a crime reference number, and take it from there?
Sorry for being so vague at this stage.
Cheers
With the information I have its difficult to say. Does it involve a crime? If so then of course yes report it to the police who will investigate. There can be problems however. The rules of corroboration in Scotland are very strong. If we are talking domestic violence then by its nature it usually happens when the victim is alone with the attacker. That does not mean to say that nothing can be done. You hear people everyday coming out with that phrase and its just not true. If this is the case and A has been the victim of a crime get it reported.
Saying that also seek the advice of a lawyer. Ultimatly they are the people who have LLB's (law degrees) and they are the only people who can present an interdict before the court.
I'm sorry if this is vauge but I'm not too sure what A is up against here. Citizens advice are also a great source of help. I'm guessing here but if A is female and the victim of some domestic matter contact womens aid or the local police family protection unit. Both are very well trained and will offer advice in confidence.
Saying that also seek the advice of a lawyer. Ultimatly they are the people who have LLB's (law degrees) and they are the only people who can present an interdict before the court.
I'm sorry if this is vauge but I'm not too sure what A is up against here. Citizens advice are also a great source of help. I'm guessing here but if A is female and the victim of some domestic matter contact womens aid or the local police family protection unit. Both are very well trained and will offer advice in confidence.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff