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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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i need to consider taking out a restraining order on somebody

Customer Question

i need to consider taking out a restraining order on somebody who is threatening myself and my family by coming to our house
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and 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 You do not need to wait here as you will get an email when I reply.
Alex Watts : Have you reported this to the police? What is happening in terms of harassment please and what is the reason for it?
JACUSTOMER-8w96oph7- :

I have reported the matter to the Police and they have tole me to seek legal advise as to one possible course of action to prevent this. Unfortunately the harassment is the aftermath of an affair and I am aware that the gentleman in question is very volatile and aggressive. I have barred his phone number from my landline and mobile phone but during one call he quoted my address and obviously he had found that out some how. We live some 20 miles away. He has made verbal threats to me which make me fear for my own safety. He has promised to find me and break every bone in my body. I had deleted his previous texts and logs before today and was not aware of his phone number. He has phoned me again this morning, leaving a non-aggressive message but saying that I have refused to meet him so he will now be going to see my wife and 15 and 12 year old daughters. I must find a way to keep him away from my family. I look forward to hearing from you

Alex Watts : Have you reported all the incidents to the police please? Have they warned him?
JACUSTOMER-8w96oph7- :

Hi,

JACUSTOMER-8w96oph7- :

Hi, I am still waiting for an answer to my query sent on 20/5. Can you please respond.

Alex Watts :

Yes I did ask:

Alex Watts :

Have you reported all the incidents to the police please? Have they warned him?

JACUSTOMER-8w96oph7- :

Yes, they have served him with a warning notice. However he and his wife are still trying to contact me… I have a call blocker on my phone but I can see that they are trying to contact me. Somehow his call came through as voice mail yesterday and said that he would come to my village and home village to distribute texts that he had found between myself and his wife which are of a sexual nature. In addition he has threatened to show them to my wife and more worryingly my 12 and 15 year old daughters

Alex Watts :

Ok - really if this person has been warned then you should report it back to the Police.

Alex Watts :

They should then arrest and prosecute this person.

Alex Watts :

Clearly that would be the best option as it is free and the Police do all the hard work

Alex Watts :

But you can take out an injunction yourself.

Alex Watts :

You would need to complete form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n06a-eng.pdf

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

The matter would then be listed at Court for an interim hearing.

Alex Watts :

At this if the matter is not contested the Order can be made final

Alex Watts :

If the matter is contested then the Judge will decide what directions to give for a final hearing and also whether to make an interim order

Alex Watts :

If there is an order, final or interim and it is breached then this is contempt of Court

Alex Watts :

A Judge can warn, fine or send the person to prison

Alex Watts :

You may get legal aid but this is much harder now and depends on your circumstances

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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