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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice
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I hope you can help. I have been having neighbour problems

Customer Question

I hope you can help. I have been having neighbour problems for the last 2 years. Threats physically and verbally. There have been independent witnesses. Aggression and bullying is practically a daily occurrence for myself and my family. Myself and my 7 year old daughter were assaulted and sworn at a couple of weeks ago. My 8 year old daughter witnessed this. I called the police. My statement was taken. The neighbours statement was taken. Her 9 year old (who wasnt even present) statement was taken. My childrens statement was NOT taken. The police said that it was very traumatic being interviewed by the police and advised that I did not put my children through anymore upset. The case went to the CPS who said there wasnt enough evidence to prosecute for assault because it was my word against the neighbour and her daughter. I stress again her daughter was not present. my children WERE involved and present in this incident. WHY was my childrens statement not taken? The police have logs of all the incidents where I have had to call them out for fear of my safety. The police have advised me to keep logs of any further incidents. I have logs from when this all started 2 years ago. The police have logs of all this. The school have witnessed an assault on me from my neighbour. I have moved my children from the school because the neighbours daughter was bullying my children. Why is there not more being done? How many more logs and assaults do I have to endure before something is done? Please help me.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What else were you hoping would happen? I realise that you are displeased with the decision but in what specific way have the police neglected?
Customer: replied 2 years ago.

Why was my neighbours daughter interviewed? She is 9.


 


Why were my children not interviewed. They are 7 and 8.


 


My children were there. Her daughter was not.


 


How many more times do I have to call the police because of my neighbours physical abuse before the police take action?


 


CAB had avised me I can take out a harrassment order against my neighbours. The police say I cant.

Expert:  Jo C. replied 2 years ago.
Thanks.

Probably because the police took the view it would be traumatic to interview such young children and I have no doubt that you also would not want to put your children through that and the risk of being cross examined in court.

How many further calls is a question that cannot really be answered. It depends on the credibility of the allegations. If the next one can be proven then you will succeed. If not then you will not.

You can always sue in civil harassment at your cost which is what the CAB mean. What the police mean is that they will not issue him with a harassment warning themselves.

I'm very sorry to have to tell you this but it sounds as though the police doubt the credibility of your allegations at this stage. That doesn't mean that you cannot succeed in the future though. They may just be of the view that this was a storm in a tea cup rather be doubting that you are telling the truth.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 2 years ago.

If it was too traumatic for my children to be interviewed then why was her daughter interviewed?


 


Would the police not have the same view of all young children?


 


Why are the police doubting the credibility of my allegations? I have independent witnesses to some of the physically threats towards myself.


 


I live on my own with my two young children. Why would I carry on these complaints for the last 2 years if I really didnt feel threatened and in fear?

Expert:  Jo C. replied 2 years ago.
1 Because a different test applies to defence witnesses as suspects have more to loose.

2 No, not necessarily. Its generally to be avoided especially with low level crime.

3 I wouldn't know about that. I have had no vision of the case.

4 I cannot really comment except to make the point that sometimes people do. I don't know whether they take the view that is happening here or not. I do know that sometimes there are people who do waste the time of the police on very trivial or wildly exaggerated allegations and that does tend to colour their view when dealing with everybody.

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