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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Hello, My brother has started a relationship with a person

Resolved Question:

Hello,
My brother has started a relationship with a person who has a reputation for breaking up families and it has resulted in a lot of pain for grandchildren, partners, me and his mother. I have sent him 2 emails trying to tell him that he is being used and basically telling him i am ashamed of him. I have not threatened him or his new woman in any way but I think he is upset because I have made him feel guilty. He is now threatening me with the police for sending the emails. I have said my piece and was not intending to send any more. Are the police likely to take him seriously?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Is the threatening to complain about being harassed?

Customer:

He has not used those terms but he took my first email to a solicitor

Customer:

I cannot believe that 2 emails would constitute harassment if they do not contain anything threatening

Customer:

Hello I am i doing this correctly?

tdlawyer :

Yes ... you are!

tdlawyer :

Okay, harassment under the Protection from Harassment Act 1997 is any unwanted conduct designed to harass that happens 2 or more times in effect.

tdlawyer :

The police could get involved, although as you can imagine, they don't like to for routine things like this.

tdlawyer :

They will always warn first anyway, so you're not going to find yourself arrested and carted off to a police station.

tdlawyer :

The sensible thing, however, is to avoid sending anything further to him.

Customer:

As he is my brother, there is likely to be times when I need to contact him -say in respect of our mother. would that constitute harassment?\

Customer:

Is it not shocking that people can behave very badly causing havoc in innocent folks lives and if you point it out to the perpetrator you are in the wrong!

tdlawyer :

Not of itself, no, but you do need to be careful, but it might not stop him from contacting the police suggesting that it is you harassing him. Just because it isn't harassment at law, doesn't mean he won't say it is and then you end up having to defend your position again, potentially with the police.

Customer:

Is there a law that protects me from people like him?

tdlawyer :

The same harassment laws would work for you, yes, so if he does things to cause you unnecessary grief, this might amount to harassment of you.

Customer:

but, his behaviour is causing me and our mother grief big time! He will not speak to me but I have learnt about his intentions business via my Mum. He has distressed her greatly (she is 82) and he then called her back a second time to add more and she was very distressed. Does this constitute harassment of my mother?

Customer:

This is punishing my mum to get back at me

tdlawyer :

Yes, this could be harassment of your mother, so she has the right to report it too, yes.

tdlawyer :

It's possible to take out a civil claim too for harassment, rather than go through the police - or both can be done together.

Customer:

Does that work across the Scottish /English system?

tdlawyer :

Yes, it does.

Customer:

If we require to do this how do I proceed?

tdlawyer :

Just contact your local police on the criminal side, and if you wanted to issue court proceedings, then you would visit your local county court.

Customer:

Great. Thank you very much for your help.

tdlawyer :

You're very welcome. Can I ask whether you're happy with the service today please?

Customer:

yes thank you - I will rate it as good

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