Hello my name is Alex and I will help you with this.
When you say harassed, do you mean by email, letters or calls please?
By email to my sons and their freinds and family and by telephone to my eldest sons place of work
Ok - is there any reason her email can't be blocked?
My son has changed his email address on a number of occassions
He has changed his phone number of a number of occassions
she finds them and it starts again
My younger son plays in a band when they arrange a gig it is posted on the band website
she then finds the venue and mails the owner telling them that Police action is being taken against him for rape and asking them to cancel the gig, my son has to pre empt this by e mailing the venue first, She creates fake facebook accounts and lures thier freinds into thinking it is one of my sons and then getting hold of contact details... it is endless
Ok - I can advise on UK law but I can't advise on USA law as a UK lawyer.
You have an injunction over here which is fine.
I would also be minded to seek to vary the UK injunction to include a prohibition on harassment
They can do this under protection from harassment act 1997
The law states:
(1)A person must not pursue a course of conduct—
(a)which amounts to harassment of another, and
(b)which he knows or ought to know amounts to harassment of the other.
Once you get an injunction here that is meant to prevent her from harassing.
However of course the problem is enforcement.
Once you have the UK order you will probably need to also issue proceedings in the USA.
You can then seek the equivalent of the UK order in the USA on the back of the UK order
A court is more likely to grant it once they see there is an order in the UK
Once you have a USA order you also have a UK order and then enforcement action can be taken
Can I clarify anything for you about this today please?
How do we get a USA orderr
We have been given access to a US attorney by the NYPD but they want a $5,000 (five thousand dollar) retainer just to look at the case,obviously this is a complete no go goer
Sadly I am a UK lawyer so I really don't know the process over there.
But I think it is just a case of doing a Google search
Of course you don't need to go to lawyers in NY itself as they will be VERY expensive.
You could get one in New Jersey etc
There is a list here:
Does that help?
OK I'll give it a go. How about varying the Restraint order surely the Met Police would have advised this already how do we get this going?
For that you need to make an application to the Court.
The Court will then list the matter and consider whether to vary it
It's a start, we'll take it up with the Met Police and see what happens, this long and sorry saga has shown me not to be too optimistic though,Thanks Alex
Indeed. Can I help with anything further please?
Good luck with this.