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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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how do i take out a restaining order on my son who is black

Customer Question

how do i take out a restaining order on my son who is black mailing me for money i have tried helping for 10 years and it has gone full circle and i am not doing it anymore he is homeless takes drugs and wont leave me alone home or work
Submitted: 5 years ago.
Category: Family Law
Expert:  James Mather replied 5 years ago.
Can you explain how he is blackmailing you?
Expert:  Clare replied 5 years ago.
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question.
Have you reported his harassment of you to the police?
Customer: replied 5 years ago.

yes but this does not stop its being going on now for 10years


Expert:  Clare replied 5 years ago.
What action have the police actually taken?
Expert:  James Mather replied 5 years ago.

You allege theft. Was that reported to the police also?

How exactly is he blackmailing you?

How old is he? Does he live with you?

Customer: replied 5 years ago.

yes he was put in prison for 6wks and he came out 3 days age and now its started again he keeps coming round to my home shouting ,knocking at the door demanding money and phoning all the time no he does not live with me he is homeless and jobless he is 25years old and this has been going on for 10years

Expert:  James Mather replied 5 years ago.

is no reason why you should have to take this to court and have the associated
expenses, yourself.

the police anything until exactly what he is doing ask them to warn him under
the protection from harassment act.
There is no reason why the police should not deal with this. In addition, you
are a victim of crime and he is now intimidating a victim. The fact that he is
your son, is immaterial.

you may need to speak to a senior police officer and tell the police's officer
that you have been told this by a solicitor.

cannot simply make an application to court for a restraining order unless you
have formally warned him that if he does not leave you alone, you will make the
application and ask the court to award costs against him. In that respect, you
might be better getting a solicitor to write to him and, if he then ignores it,
then make the court application.

there is clearly some urgency with this, if the solicitor attaches a certificate
of urgency, this could being court and you could have an interim order, pending
a full hearing, within 48 hours. You need to make a note of dates and times and
actions in support of the application.

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The thread remains open. Thanks