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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can I take out an injunction against my partners ex who is

Customer Question

Can I take out an injunction against my partners ex who is visiting him in hospital? On 31 July my partner attempted suicide and was hit by a bus, he has a brain injury and has lost a limb. The reason for the suicide attempt, according to the police was his ex partner tormenting him over their child. She is telling him when he is better he is moving in with her and again she is messing with his head. She was asked to visit only if she had their daughter with her but she is ignoring this request. She also kisses him on the mouth in front of me.
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 :

for now please let me know whether your partner objects to the ex visiting?

Alex Watts :

if so, is he capable of giving a statement?

JACUSTOMER-g9mbmxe8- :

My partner suffered a brain injury as a result of being hit by a bus. Prior to this accident/suicide attempt he made his feelings perfectly clear that he hates her. I have seen him in tears so many times, she used their ch8ld as a weopan and constantly prevented access. The day this happened he had been tormented by her throughout the day and she informs him if he wants access he has to go to court. He cannot financially afford this and was lead to believe he would lose his only child. Dean cannot make any decisions on his own, I am currently his appointee and only want what is best for him.

Alex Watts :

Ok. Then you need to get a Solicitor to write and ask this person to stop or say you will go to Court.

Alex Watts :

If she refuses then you can apply for an injunction but you need to complete forms 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/n016a-eng.pdf

Alex Watts :

The Court will then list the matter for hearing and decide whether to grant an injunction.

Alex Watts :

If the Court does and it was breached then this is contempt of Court and they can be warned, fined or sent to prison

Alex Watts :

If you employ a Solicitor and the injunction is granted you may be able to seek costs.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-g9mbmxe8- :

Can I go to any solicitor or can you write the letter because there is no new information in here that I didn't already know.

JACUSTOMER-g9mbmxe8- :

Is this something a solicitor would get involved with?

JACUSTOMER-g9mbmxe8- :

I need to know as I am only a common law partner, we were due to marry on 10 November but due to this accident I had to postpone it

Alex Watts : Yes you can go to a solicitor, there are legal fees to pay and you are unlikely to get legal aid, but if you win the costs will be recoverable.
Alex Watts : I can't write direct to this person as its again site rules sadly.
Alex Watts : Yes a solciitor would deal with this for you.
Alex Watts : Does that help?
JACUSTOMER-g9mbmxe8- :

Yes it helps, I just didn't want to waste my time by going because we aren't married.

Alex Watts :

Indeed. If you have been given instructions then you will be ok

Alex Watts :

Assuming you have some form of power of attorney which you seem to indicate you have.

Alex Watts :


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