Hello - my name is Leanne and it will be my pleasure to assist you today.
The tenant had the injunction personally served, is that right?
And it has a power of arrest?
yes i served the injunction myself and i got a process server comming today to serve it again just in case i served it incorrectly and it dosent have the power of arrest.
leanne-jones : Ok. If you served it yourself that is fine. If it does not have a power of arrest then the police can not arrest.
leanne-jones : breach of the order is contempt of court.
leanne-jones : all you can do is seek possession and when the ASBI is breached make an application for committal because of contempt
leanne-jones : The judge can then pass a sentence which could be a warning, fine, prison sentence
leanne-jones : But when there is a breach you need to make an application to court to commit.
So can you clarify what counts as a breach? Is it simply that as soon as they are arrested for any reason it is counted as a breach?
After they were served the notice on Saturday, they were arrested within the hour for threatening behaviour towards myself and my brother. I assume a backlash of serving the paper. He was held over the weekend untill he could appear in court on Monday and he was then released. Does this count and should we now be making an application to the court to commit?
leanne-jones : It depends on what is in the order. If he breaches the terms of the order ten this is a breach. I assume the order states not to cause a noise, nuisance etc so making threats is a breach
leanne-jones : as such you should provide an affidavit and make an application to commit
what forms do i need to fill in for the court
leanne-jones : There is no specific form as such. You file an affidavit, not witness statement saying what the breaches are, you also need to file an affidavit with a copy of the interim order stating how and when it was served
leanne-jones : Look at the rules which are located at http://www.justice.gov.uk/courts/procedure-rules/civil/pdf/practice_directions/pd_rsc52.pdf
leanne-jones : And fill out form n78
leanne-jones : Once sealed these also need to be served personally upon the defendant
leanne-jones : Also don't forget to fill out the form certificate of service, n215
leanne-jones : Or you get a process server they should fill out this form and complete an addfidavit.
leanne-jones : but the court will want to see: the interim injunction was personally served, the injunction was breached and the defendant has notice of the application to commit personally served
leanne-jones : Does this answer your question?