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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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My next door neighbour threatened me at 08.30 in the morning

Customer Question

My next door neighbour threatened me at 08.30 in the morning on a week day saying that they would drag me out my house if i did not fulfil their demand. The demand was money that was given to me 8 years ago as a wedding present and they wanted it back because I was to busy to fulfil a I.T project they asked me to look at and complete.
Minutes later the neighbour was at my front door shouting and being abusive. I confronted and heard out the abuse until it got to much and I called the police who turned up very quickly to also witness the abuse.
Things quickly settled down, and soon after an appology from the neighbour was passed on from the police with the excuse that her medication has effected her behaviour.
With this matter being put behind us we soon had a shock as we was called in to my sons school (6 years old) as he had basically relayed the event to the school teacher and described how scared he was.
We had to give a statement to the school about the events that had happened.
Please can you give me some advice on what could happen and how I can make sure this will not happen again.
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.
Hello my name is ***** ***** I will help you with this.Did you report this to the Police at all please?
Customer: replied 8 months ago.
I have already stated that I have
Expert:  Ash replied 8 months ago.
Did the Police just warn? Did you give a witness statement to press charges?
Customer: replied 8 months ago.
The police gave a warning and statements where taken. They said if they approach the house again they can be arrested for breach of peace.What has happened at school the next day is now my concern. My neighbour has brought this abusive event to my front door and it has scared my child to the point that his school has taken a statment from him and now us parents because of his behaviour and comments in school.Would like some advice. We are mid 30's parents.
Expert:  Ash replied 8 months ago.
Ok - do you want to continue with Police action or deal with this in your own proceedings?
Customer: replied 8 months ago.
Police action as my son has had to give a statement to the school
Customer: replied 8 months ago.
School have said this will be passed onto 'Gateway' for investigation.
Customer: replied 8 months ago.
Can I ask, are you UK based?
Customer: replied 8 months ago.
are you still online?
Expert:  Ash replied 8 months ago.
I am based in England
Customer: replied 8 months ago.
Great, you can give some sound advice here?
Expert:  Ash replied 8 months ago.
Ok - then you just complain to the Police, they can investigate and prosecute where necessary. This has a potential for a public order offence or even assault if you thought that unlawful violence would be used.But you need to give a statement to the Police and allow them to prosecute. If the Police do not prosecute then you can only take civil action which could be by way of an injunction.You would need to complete form N1:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfAnd N16a:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdfThe Court would list the matter for hearing and decide whether to make an order preventing contact etc. If the Court does and they breach it then it would be contempt of Court, which they could be warned, fined or sent to prison.Can I clarify anything for you about this today please?Alex
Expert:  Jo C. replied 8 months ago.
Hello. I'm afraid the answer above is incorrect. Can I just be clear about what exactly has happened at the school? You seem to be saying that it was no more than that she told them about the previous incident? If so that is not breach of the peace or breach of the warning. It is certainly not an assault or a public order offence.
Expert:  Jo C. replied 8 months ago.
If you can give me more information I will be able to tell you your position accurately.

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