You can have a current or former intimate relationship, which means a relationship that is more than a casual or workplace relationship or a connection through third parties. You must allege and prove that the other person committed certain crimes against you.Sep 7, 2021
It will require the court to determine whether there is sufficient evidence in front of it to enable it to form a view that an order is necessary. Restraining orders are civil behaviour orders and therefore the standard of proof is a civil one (R v Major [2010] EWCA Crim 3016).
Proving harassment to secure a convictionthe defendant has pursued a course of conduct.the course of conduct amounted to harassment of another person.the defendant knew or ought to have known that the course of conduct amounted to harassment.
If a party infringes a restraining order, there will need to be a court hearing. Consequently, the victim will likely have to provide proof of a breach. The judge will then evaluate the evidence and conclude whether defiance occurred or not and whether any sanctions will be imposed.Jun 11, 2020