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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My daughter is being harrassed by an ex-flat mate (male.) Although

Resolved Question:

My daughter is being harrassed by an ex-flat mate (male.) Although she has moved out, he sends abusive, threatening texts and is impeding her efforts in finding a new flat-mate. Her contract with the letting agency does not expire until the end of September.
He claims to have a video of her and if she doesn't "toe the line" will put this on the internet.
He has already sent me an email in which he totally trashes her reputation and threatens me by saying I have no idea how he could escalate all this. He then posted it on Facebook; it has since been taken down. I reported this abuse to Facebook but his account was not closed and I never personally heard any word from them.

My daughter has spoken to the Citizen's Advice Bureau and has been advised to get a restraining order out on him. She is terrified this really will escalate further. Suzanne
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : 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 You do not need to wait here as you will get an email when I reply.
Alex Watts : Has this been reported to the Police please?
Customer:

Not yet. She is very frightened of backlash from this person - or his "friends."

Alex Watts : Ok.
Alex Watts : she should report it to the police.
Alex Watts : They can issue a warning to the person harassing.
Alex Watts : If they breach the warning the police can prosecute.
Alex Watts : Or if she wants she can seek an injunction from the cou to
Alex Watts : County court.
Alex Watts : She would need to complete forms n1
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Alex Watts : and form n16a
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
Alex Watts : The court will list the matter for a hearing and decide whether to make a final or interim order.
Alex Watts : If the person breaches an order from the court it is contempt of court.
Alex Watts : This means they can be sent to prison, fined, warned or all of these.
Alex Watts : Once an order is in place it must be adhered to.
Alex Watts : Clearly there would be a cost of representation but if she wins then a judge can award costs.
Alex Watts : But these are the two options - police or county county.
Alex Watts : county court.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

No Alex. She is too frightened. Thank you for getting back to me.

Customer:

Can you give me an idea of the cost of representation?

Customer:

If need be, how does she apply for Legal Aid?

Customer:

Can the police stop anything being posted on the internet? Or does this have to go via the courts?

Customer:

Thank you once again for replying to these questions.

Alex Watts : It's unlikely she would get legal aid because of government cuts.
Alex Watts : The police can stop anything being posted if it is threatening or maliicious under the law.
Alex Watts : The police can prosecute the individual.
Alex Watts : But the criminal law is slow which is why she may be better off going via county court route.
Alex Watts : Can I clarify anything else?
Customer:

I think that's all but may I leave the page open just in case I do think of anything else a little later on?

Alex Watts : Sure.
Alex Watts : If I could invite you to rate my answer today. If the system won't let you please do say.
Alex Watts : The question remains open although the site may give the impression it does not.
Alex Watts : If you need further help please click reply.
Customer:

Thanks everso much Alex, I'm signing off now.

Alex Watts : Thanks, XXXXX XXXXX to rate and have a good weekend.
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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