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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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There, I have been experiencing harassment by someone, I

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Hi there, I have been experiencing harassment by someone, I have reported it to the police, an officer came to see me yesterday, after going through the facts with him he said he was going to record it as a crime, send me a crime number and serve this lady with a harassment warning notice. He said it would be a good idea to also get and injunction. I have downloaded the form online but I have a few questions about how to fill it in, can anyone assist please?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
What I need to know is:
Which box to tick out of the options a0by application in pending proceedings b) under statutory provision (and if so which) c) this application I made under part 8 of the civil proceduresrule.Does it rasie issues under the Human Rights Act?How do I present my evidence in the bundle? I have a statement which made myself and copies of emails this lady has been sending me and other people. Should I include anything from the police? i.e. my crime number?Where do I take the form and papers to? Just my local county court? DO I have to make an appointment or just turn up?Is there anything else I need to consider?Thanks
Eva
Expert:  ukfamilysolicitor replied 1 year ago.
Dear Eva
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- is the person who is harassing your ex or a relative?
- what are the terms of the Harassment Act notice?
- when was the last incident?
- please describe the harassment
Kind Regards
Caroline
Customer: replied 1 year ago.
She is not a friend or a relative, she is the ex of a friend, they were only together for 5 months, I have only met this lady face to face on 3 occasions, brief cordial encounters, although I could tell she was looking at me in a strange way. She is fixated and obsessed with me. This lady is about 20 years older than me, she must be in her late 50s and I think she s mentally unstable.
I don't know what that terms of the notice is, would I find this out by asking the police? I think he said it was not to contact me directly or indirectlyShe has been sending me emails and copying me in emails as well as copying neighbours an other people, going on about her and her ex and how I have split them up and other nonsense, explicitly mentioning my name on this emails and copying in lots of people.I have ignored all of her emails (about 3 of them and also a text message) until I decided to email her and inform her that I was finding her emails distressing and please not to contact me directly or indirectly by any mean, she then emailed me again, I then again politely asked her to stop emailing me or contacting me directly or indirectly.I then get an email from my local council saying this lady has been in touch with them because she wants a mediation meeting with me. I explain the situation to the council and that I have no reason or desire to ever be in touch this woman now or in the future, the council tanks me for my reply and say they will pass this on to the lady. Next day (this Wednesday just gone) I get to work and a colleague calls me into a room and tells me someone has put a formal complaint about me, then she shows me an mail from this lady. I am in shocks at the lengths this woman is going to cause me distress, I don't even know how she has found out here I work. Her email is a tirade of slander and nonsense completely unrelated to my employment. At this point I decide enough is enough and call 101 to report it. This Friday just gone an officer came to see me and I told him the story showed him the emails etc and he has now sent me the crime number and told me she will be serve the notice.I am worried as to what she will do next, as things seems t be escalating every time she tried to contact me ad she doesn't get her way.I am a Magistrate and I have had to contacted the Chair of my Bench to tell her what has been happening because I think that is the next thing she will tryThat is it in a nutshell.
Thanks
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Eva
Thank you for confirming that for me.
I am very sorry to hear about all the difficulties that you are experiencing with this lady - it really does sound horrid.
As she is not related to you or your ex - then you can't utilise the Family Law Act to obtain an Injunction known as a non molestation order. The injunction you need to be considering is a civil injunction.
You need to ask the police to provide you with specific detail as to the terms of the harassment act warning that has been issued. Now that a Harassment Act Warning has been issued - if this lady was to breach the terms then you should immediately report the breach to the police. Breaches can be dealt with by the police and have serious consequences - up to 5 years in prison.
Unfortunately I do not specialise in Civil Injunctions - only family law act ones - so I will opt out to see if one of my colleagues can assist you further.
I wish you all the best
Caroline
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Which box to tick out of the options a0by application in pending proceedings b) under statutory provision (and if so which) c) this application I made under part 8 of the civil proceduresrule.
Application under Pending Proceedings
Does it rasie issues under the Human Rights Act?
No
How do I present my evidence in the bundle? I have a statement which made myself and copies of emails this lady has been sending me and other people. Should I include anything from the police? i.e. my crime number?
You need to prepare a statement of what has happened together with any evidence you want to exhibit. You include everything from the Police including crime numbers etc.
Where do I take the form and papers to? Just my local county court? DO I have to make an appointment or just turn up?
You need to make an appointment with the Counter. You take 3 copies of all the evidence and forms. They will seal the claim form and give you 2 copies back. You keep 1 and the other copy MUST be served personally upon the person whom which you want to seek an injunction against.
The Court will give you a return date to hear the injunction when you go to the Counter.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Hi CarolineThanks for the reply, just to clarify she was seeing a friend (not my ex) I have a long term partner but nonetheless she is falsely accusing me of splitting them up.I am a bit confused, the officer who came to see me on Friday told me that the harassment warning letter they are going to serve is not a legal document, he said it is a sort of a caution, a warning from the police and that usually if she causes me distress again then they arrest her and possibly charge her with a harassment offence.I will try and find out the terms of the warning letter from the police.What I really do need is some advice as to how to fill in the one page application form to get an injunction through the civil court.Thanks
Eva
Expert:  Ash replied 1 year ago.
Did you get the above Eva?
Thanks
Alex
Customer: replied 1 year ago.
Hi Alex, I did yes thanks very helpful, just one more thing, when you say the papers need to be served in person to this lady, who does that, me? I really don't want to have to see her? Can I get anyone else to do it or does it have to be me? Can I get an independent person? does it have to be by knocking on her door and personally giving it to her? can it not be posted recorded delivery or something?
Expert:  Ash replied 1 year ago.
You can serve but dont have to. You can get what is called a process server to serve them for a cost of about £60.
They can NOT be posted. They must be handed over to the person personally.
Does that help?
Alex
Customer: replied 1 year ago.
Yes thanks, ***** ***** I get a "process server"? Is this through the court?
Expert:  Ash replied 1 year ago.
No, if you Google search, you can fine this.
Does that help?
Alex
Customer: replied 1 year ago.
How do I know which court to take it to just google my local court? County court right?Eva
Customer: replied 1 year ago.
and once the papers are served and they give us a date, will there be a hearing? I just don't want to see this woman!
Expert:  Ash replied 1 year ago.
Yes its your local County Court. You can find which one here:
https://courttribunalfinder.service.gov.uk/search/
Yes once the Court give a date there WILL be a hearing.
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
Yes thanks