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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My son's Girlfriend left home following a domestic incident,

Customer Question

My son's Girlfriend left home following a domestic incident, where her Mother assaulted her and she has only the clothes she had on when she left. Her Mother was arrested at the time but charges were dropped due to lack of evidence. Her Mother refuses to let her get her remaining clothes and property form her former home, unless she apologies to everyone behaviour and the Police say there is nothing they can do, as it is not a criminal matter.
Has she any rights to retrieve her property and how can she do this when her family constantly threaten and intimidate her?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
.
Thank you question. My name is ***** ***** I will try to help with this.
She can book an appointment with a police officer to attend with her to prevent a breach of the peace in order to collect her personal effects. If the police are saying they cannot do that then complain. They know perfectly well that they can. They just don't have the resources because they are too busy meditating relationship issues and prosecuting people to kiss somebody 100 years ago.
If she doesn't want to do that then she can seek an injunction forcing her mother to hand everything back. That does involve cost.
Or she can sue at the small claims court sum of money they were worth.
A letter before action might well resolve this matter as well as her mother will not want to go to court.
Can I clarify anything ?
Jo
Customer: replied 2 years ago.

Thanks Jo, I had a feeling the Police should help her but as you say they have too much on to do such a minor task.

Expert:  Jo C. replied 2 years ago.
Well, and most of what they are doing should be in the family court or, in my opinion, on the Jeremy Kyle show.
Do not put up with this. They have a duty to the public. This is clearly a tense situation that is likely to lead to a further call to the police. I suppose you could argue that it is disappointing that family members cannot behave like adults without inviting the police along to mediate and that is a good point but clearly there is a risk here that they cannot. If they cannot, there is potential allegations and arrests.
Jo C., Barrister
Category: Law
Satisfied Customers: 69545
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.
Notwithstanding the above, I wouldn't take her side too much and I would suggest your son does not. You don't know what happened here. We don't know who is in the right. We do know that the police didn't charge so that weakens her allegation. Also, if we are honest with each other, we all have family rows and we don't all call the police and make allegations against each other. I would advise you very strongly to proceed with care when dealing with somebody who does. I realise that you probably don't want to consider that but it is in your son's best interests to do that.

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