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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am the victim of rape and domestic violence, the perpetrator

Customer Question

I am the victim of rape and domestic violence, the perpetrator has been arrested and bailed with conditions that he must not have direct or indirect contact with me whilst the investigation is taking place. The perpetrator obtained an interim emergency injunction without notice to ensure that I do not speak to anyone (with the exception of the police directly involved in the investigation) this was on the premise that he is a successful businessman and that if it became known in the industry it would destroy his business and his personal reputation. He is seeking that I pay his costs in the application. The police enquiries to date have established that previous partners have made complaints.

The perpetrator was made bankrupt in 2005 and discharged in 2007, his solicitor maintains that he is the Chairman of the company however records for company house in the UK and in Hong Kong make no reference to him being a Director or having shares in the company, his son is the sole Director. It appears that he may have restrictions on him being a Director or being involved in the running of the business which has not been declared to the court.

The perpetrator's solicitor traced my new work location through a process server; this is despite the fact that I went to great expense and trouble to ensure that my new location is safe. The injunction was served on me in front of my staff (I am a senior manager in the NHS) and his solicitor disclosed my work address to her client in full knowledge of the danger he presents to me and the fact that the County police have placed me on the high risk register. The final hearing has been transferred to the court with jurisdiction, I received notification in today's post for a hearing at 10.00am on Monday.

I am not employing a solicitor to act on my behalf as the funds I placed on account have been utilised. My sister has been acting as my representative as I am currently receiving treatment for the trauma I suffered and cannot deal with this matter. The perpetrator's solicitor has objected to this and is trying to force me to engage a solicitor.

I would welcome any advice on the above and if she can act as a litigant friend on my behalf.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

AlexWatts2013 :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return. For now please let me know if the hearing on Monday is just for the interim injunction please?

Ash and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Sorry I pressed the wrong button, I should have responded to reply rather than payment as I am not yet in receipt of advice
Expert:  Ash replied 3 years ago.
Yes I asked if the hearing on Monday is for the interim injunction please?
Customer: replied 3 years ago.
The hearing on Monday is the final hearing; it was transferred to the court where I reside as this is the correct jurisdiction.
Expert:  Ash replied 3 years ago.
Thank you. I assume the court had directions and you have filed statements etc and evidence has been exchanged?
Customer: replied 3 years ago.
The interim injunction stated that evidence had to be filed not less than 3 working days prior to any hearing and that no evidence must be filed at court which is not also sent to the Claimant's solicitors.

I did not receive the notification from the court until I arrived home from work yesterday. The date on the notice is the 24th July and was posted on the 25th (post Mark on envelope). The perpetrator's solicitor has sent his statement to me in today's post. I am unable to satisfy the conditions of the interim order as I have not has 1 working day's notice of the hearing which is at 10.00 am on Monday.
Expert:  Ash replied 3 years ago.
What you need to do is ask for an adjournment because you have only received evidence. I assume you want to defend proceedings and therefore should be allowed to do so. Therefore ask the court for a short adjournment to allow you to consider the claimants case together with allowing you to file and serve your own evidence. But ask for an adjournment so you can defend proceedings.

I trust this fully resolves your question and if so could I invite you to take a moment to rate my service, as your feedback is important to me. If you need further information or help then please click rely. Alex