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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have had over 2y of insulting, degrading, harassing texts

Resolved Question:

I have had over 2y of insulting, degrading, harassing texts and emails (2 & 1/2 separated, 10 months divorced) which have been reported to the police however the police does not consider it as "harassment".
On Monday I won the Enforcement of our divorce Consent order regarding unpaid maintenance and he & his girlfriend were verbally abusive and blocking our path to the exit in court premises (I was still with my Solicitor & a friend). I had to ask the security guard for help before they left.
The police said there are no physical injuries and I should have called the police at the time... so nothing the police can do unless he or his girlfriend physically hurt me. I am tired of being scared and his sick behaviour has escalated...
What can I do to get him to stop once for all (and his girlfriend!).
May thanks.
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 : Have you thought about civil proceedings for harassment ?
Customer:

Hello....I can't understand how it works and the last hing I need is to apply for an order and not get it as this will only make him & his girlfriend more abusive. Is it anti molestation or injunction...not sure if they apply to my case.

Customer:

Anyone there? Please help me... I am scared.

Customer:

Please don't tell me I have paid £18 for "have you thought about civil proceedings for harassment?"

Customer:

I have to get some sleep now... I do hope you will help me and provide with sufficient information so I can act before something serious happens to me (or my 2 young children... Thank you.

Alex Watts :

Sorry I was on the train so have been on and offline

Alex Watts :

What you need to do is get a Solicitor to write and ask that your ex stop harassing you and that any contact is through a Solicitor.

Alex Watts :

If your ex refuses then you can seek an injunction to stop your ex contacting you.

Alex Watts :

You would need to complete form 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 would send your ex a copy and set the matter down for an initial hearing

Alex Watts :

If the matter was contested the Judge would give directions setting it down for trial and then decide whether an interim order was necessary

Alex Watts :

Harassment is pursuing a course of conduct which is likely to cause alarm, harassment or distress

Alex Watts :

So you can get a civil injunction to stop it. If your ex breaches an injunction then your ex could be in contempt of Court and warned, fined, or sent to prison

Alex Watts :

Can I clarify anything for you about this today please?

Customer: My solicitor has already written a letter re communication with me about kids...on a new email address I set up for him but he hasn't used it and sent me an email through the old email address. Today he took of photo of me as I opened the door to the kids when he dropped them home... I just the kids in and shut the door. My son asked why daddy was taking a photo of me...? I am scared.
Customer: Would this be sufficient to apply for an injunction?
Alex Watts :

You need 2 instances. So yes the photo as you opened the door would certainly be one

Alex Watts :

Can I clarify anything else for you?

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
The approach of the police in this matter is simply not acceptable and you need to make a formal complaint.
You new starting point is to keep a careful diary of ALL the incidents for the next month.
Do NOT respond to any messages or text s- unless of course you need to do so because it involves the children.
If you do need to then make sure that you in no way respond to the insults.
Once you have done this for a month make an appointment to see the Senior Station Officer and ask on what basis the texts and emails can be seen as "harassment"
The same evidence can be used in Civil proceedings - but these are likely to be less effective -
Clare

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