Common use of Restraining Orders Clause in Contracts

Restraining Orders. Restraining orders10 will often be essential to ensure the on-going safety and security of victims of stalking or harassment. The police will explain to complainants that restraining orders may be applied for on conviction, or where possible, on acquittal. The police will explain to victims what a restraining order is and the protection it seeks to provide. At the earliest opportunity they will obtain the complainant’s views and those of other specialist services working with the victim as to whether a restraining order is necessary and will provide accurate and up to date information to support an application for a restraining order. This will entail, for example, checking the accuracy of addresses and ensuring these details are reflected in a draft restraining order setting out the proposed prohibitions. Given that in most cases there will be delay between the suspect being charged and the case being finalised at court it is essential that officers check that the initial information provided to prosecutors is still accurate in case any alterations to the conditions are required. For example, where a victim has changed address. The police should provide information to support an application for a restraining order to the prosecutor as early as possible. If the CPS is required to make a charging decision the information supporting the application should be recorded in the MG3. Where the case has not been submitted to the CPS for a charging decision the information should be recorded in the MG6. The police officer should also remember to complete the MG5 notifying the suspect that such an application will be made. Prosecutors will remind the court to inform the police if a restraining order is granted by the court. The police will promptly inform the victim of the particular conditions of the restraining order and where appropriate also share these with the IDVA/ISAC or other specialist agency and the probation service. Police and CPS should be aware that breach of a restraining order (as well as being an offence itself) is often evidence of further stalking or harassment. When this occurs the police will take expeditious and robust action to deal with the breach and to bring such alleged offending before the court in a timely manner.