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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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How do you get an injunction removed. My son has one placed

Resolved Question:

How do you get an injunction removed. My son has one placed on him by his estate agents on information supplied by another person. He is completely innocent of the statements made against him. The police who questioned him at the weekend are totally satisfied that he has done nothing wrong and is in fact a victim.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Who was the injunction imposed by please?

Customer:

Phew! As in all these matters it's complex. I'm sure if the injunction is actually in place but he has been told he is not allowed to go near the house by the estate agent.

Alex Watts :

Ok - but was is the allegation?

Customer:

This all stems from last week when his girl friend tried to take her life. He called 999 and got her to hospital. Then the situation got very messy as her parents arrived and they and one of the flatmates blamed him for everything. His girl friend is bipolar and it was her medication that she took. He was accuesd of manipulation and having a suicide pact and a gun. Police turned up and were happy that he was in fact the victim of wrongful allegations. I am not sure of what the latest allegation is of who has requested the injunction as the Estate Agent will not tell. At this time we really need to know how to handle this as he is wanting to teach part time

Customer:

At this time we are getting his brother who is one of the tenants to collect his things and move out What really concerns me is to ensure that there is nothing against his name and how to find out if there is anything.

Alex Watts :

But what is the allegation?

Customer:

Well.... One of the tenants has said that they do not want him near the premises again so the Agent has said that if he turns up then they will call the police and issue a restraining order. He is not one of the lease holders his brother is. the house has 5 lease holders his girl friend and brother and one other member can be discounted as making the request and probably the four member as they have only been there a week and my son has hardly ever met him.

Customer:

It's a very confused situation but as I say what is important is ensuring that no wrongful allegation remain against him

Alex Watts :

Yes, but WHAT is the nature of the allegation?

Alex Watts :

Harassment, public order?

Alex Watts :

Has there been a Police charge at this stage?

Customer:

who knows! I can't get the information!!!!

Alex Watts :

Has anyone been charged?

Customer:

No police charge in fact I think the police are very simpathetic

Alex Watts :

Your son must know

Alex Watts :

Ok - has your son been bailed?

Customer:

I have been on the phone to him and I have given you all the info that he has been given

Customer:

No charges what so ever have been made against him by thepolice

Alex Watts :

Has he been bailed?

Customer:

I was brought in to this as at the weekend as I was telephned and told my son was tatking his life I called the police and ambulance. It turned out to be quite untrue

Alex Watts :

Ok - so has your son be bailed?

Customer:

Bailed for what?

Customer:

No bail

Customer:

No arrest

Alex Watts :

No arrest, no bail - thank yoiu

Alex Watts :

In that case there is NO INJUNCTION

Alex Watts :

You can ONLY get an injunction with an order of the Court.

Alex Watts :

If he was arrested they could bail him with conditions not to attend the property.

Alex Watts :

But as it stands there is no bail, there is no injunction

Customer:

Ok thank you. Is there anything that we should do as a precaution

Alex Watts :

Therefore there is no injunction to be lifted.

Alex Watts :

I would make sure any correspondence or dealings are in writing or through a Solicitor to protect everyone

Customer:

Thank you for your time. What is the situation should his girlfriend want him to go the the house, not that I think after all that has happened he would

Alex Watts :

Well I would not.

Alex Watts :

Or make sure she puts it in writing!

Customer:

Ok thank you

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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