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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My question relates to two incidents of damage to my home which

Customer Question

My question relates to two incidents of damage to my home which I believe may be part of an emerging pattern. In November last year, rocks were thrown through the window of my house. This happened again in December 2014 and on the anniversary of my sister’s divorce. Whilst I have no direct evidence of my sister’s ex-husbands involvement, I do know that he has a long history of serious psychiatric illness and I am concerned that this pattern may escalate further. Is there anything I can do?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : my name is ***** ***** I will help you with this.
Alex Watts : Have you reported this to the police?
JACUSTOMER-apfx2bp4- :

Alex, yes, both incidents were reported. By the time of the second incident, the details of the first one had apparently been lost. I don't think they were particularly interested. I should add that in addition to the divorce, my sister sought a divorce from him and also a restraining order on the basis of the physical abuse she had suffered during the marriage. Following the divorce, he tried (unsuccessfully) to make a claim on her NHS pension and later made a series of allegations of serious professional misconduct which were found to be untrue (she is an NHS ward sister). My wife gave a witness statement in support of some aspect of my sister's case and I assume he is aware of this.

Alex Watts :

Ok - what do you want to achieve? Have you got CCTV?

JACUSTOMER-apfx2bp4- :

Alex can we pick this up again please? I do have CCTV but it didn't capture the incidents ( I only installed it after the first incident and it had an error condition at the time of the second incident. In terms of what I'm trying to achieve, I would like to put on record what I think is happening in case it should happen again or otherwise escalate. The police response has been underwhelming - on the second occasion they suggested (over the phone) that a tree branch had probably come through the window, despite the two lumps of concrete on the floor. Does this constitute an emerging pattern of harassment and if so, what should I be doing?

Alex Watts :

But can you identify WHO is causing the harassment?

JACUSTOMER-apfx2bp4- : I can't prove it, but clearly the circumstantial evidence suggests my sister's ex-husband.
Alex Watts :

The problem you have is this - evidence.

Alex Watts :

It may be circumstantial but if it went to Court you would need to prove it.

Alex Watts :

I will outline the procedure but you need to be aware of that.

Alex Watts :

To apply injunction to stop any form of direct or indirect harassment 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 list the matter and see whether the injunction is contested.

Alex Watts :

If it is the matter will see whether the matter is contested and if so, give directions and set the matter down .

Alex Watts :

In the meantime the Judge will decide whether to make an interim harassment order.

Alex Watts :

If there is an injunction and is breached then they will be in contempt of Court. They could be warned, fined or sent to prison

Alex Watts :

Can I clarify anything about this today please?

JACUSTOMER-apfx2bp4- :

Whilst acknowledging that I don't have direct evidence, is there any downside to pursuing it other than its unlikely to succeed?

Alex Watts :

Costs. If you lose then you would be asked to ask the other sides legal costs.

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