We really thought twice before deciding to post this here, but our desire for the information outweighs our fear of being judged in black and white by relative strangers. If you are inclined to respond to this post, please keep your comments constructive.

My UK husband's ex-wife got a restraining order against him when they split ten years ago. He discovered that she was cheating on him when she came home late one night with a split lip. She tearfully confessed that her boyfriend had smacked her and begged Richard for forgiveness ... and then had the nerve to ask him to take revenge on her abuser! My husband left her that very night.

She told her mother the next day that it was Richard who had hit her, and her mother persuaded her to get a restraining order. It wasn't her wish, but she didn't want to admit the affair to her parents and by that time was in way over her head with her story. Years later my husband and his ex are on excellent terms (she's actually a very nice - if a bit stupid - person), and when I was just in England she approached me with a letter she'd written "to make things right" if the restraining order shows up on his police certificate and complicates our case. The letter recounts the entire sequence of events and clearly states that he never touched her and that the order she filed was bogus. She had it notarized as well.

We have three questions:

1. Will a restraining order without a formal charge/arrest or conviction show up on a UK police certificate?

2. If it does show up, will the letter help at all?

3. If the letter will help, would it have the secondary effect of getting her in trouble for filing a false order?

Thanks for your advice.

JenM

hi there

i thought it was just the criminal convictions that they looked for .. i dont know what a retsriction order would come under and what the law of UK might be in this situation...

why not get your fiance to ring his local police station and ask this question hopefully they might be able to help you

hope u get a better answer than i had and you can get something sorted out soon

take care and good luck
kath

I also suggest calling a police station to ask...sorry i can`t be of any help but good luck

As I understand it if he has never been arrested or charged with any offence then there wont be anything in his police record. As my police record stated that there was no record of me ever being arrested or cautioned. I would confirm this with the police, but I am fairly confident that there wont be anything on there.

The statute of limitation must ahve ran out by now, these orders are usually for a predetermined amount of time. It is a warning not to do something or go somewhere etc. So with no violation of the order, this should not be a criminal offense.

A restraining order is issued by what is called a County Court in the UK and is a court which deals with civil matters only, and not police matters.

If that is all it is it will not be recorded on the police national computer.

Hopefully as I've been an authorised user of the police national computer since 1981 this will put your mind at rest.

Just a qualifier that holds good if what you say is correct and the terminology hasn't got confused.

IT WOULD CERTAINLY SEEM TO ME THAT A RESTRAINING ORDER CAN BE A VERY RECKLESS THING AND DOESNT PROVE A THING BECAUSE ANYONE CAN JUST ABOUT GET A RESTRAINING ORDER WITHOUT PROOF OF ANYTHING. I DONT KNOW ANYTHING FOR A FACT BUT SOMETIMES JUST HEARING SOMEONE SAY THEY FEEL ITS UNLIKELY TO BITE YOU WILL HELP UR PIECE OF MIND. GOOD LUCK AND YOU BOTH LOOK LIKE VERY HAPPY COUPLE. PATRICK

Why don't you just get a police certificate, then you'll know

I don't think you have to worry too much though.

I doubt it.



Possibly, and probably not. Your husband must have the patience of a saint; I'd have chased her through the courts until she begged for mercy.

I am not sure if it would show up or not...

however I don't think a restraining order is a CIMT. Does that make sense??

STewart had a DUI in America...we didn't know if it would come up on his police record from Oz...but he didn't have to have a police check from America because he was never here for 6 months...

BUT we put it anyway as to not lie to the government...obviously.

It wasn't a CIMT...so it was fine.

Not sure if tha't s your questionor not.

Have you ordered the police certificate? They are good for one year. I'd order it and then see what's on it. You're getting on in the process a bit and I think you're going to be needing it soon anyway.

First of all, thanks everybody for not making any sort of comments ... I've seen some really uncalled for responses to people's situations on VJ, and it's good to know that at least the UK forum is a bit more compassionate and less cynical!

We sent for the Police Certificate last week when I was over there, but the officer we spoke to was woefully inexperienced and didn't offer to ask anybody else. We wanted to brace for any possible unpleasantness, but I guess we'll just have to wait to see what's in the envelope. Your insights reinforced my suspicion that his record will be clear ... and yes, it's the only thing he's been involved with that even remotely concerned the law!

Thanks for your input.

JenM

If you are REALLY worried over it, I think you might get a better answer from a solicitor than a police officer.

We didn't want to have to go that route since it seems all of the solicitors in York wanted a consultation fee to answer a single, generic question! After the kind responses we got right here in this forum we've decided not to give it another thought.

Thanks!

JenM