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JimLawyer
JimLawyer, Solicitor
Category: Family Law
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Experience:  Senior Associate Solicitor
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How do I deal with a husbands abuse caused by difficult

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How do I deal with a husbands abuse caused by difficult neighbours.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No I have talked to police about antisocial behaviour from 1 neighbour but they spoke to this neighbour and he denied everything.
JA: Have you talked to a lawyer about this yet?
Customer: No. They said I have no proof.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: This neighbour came up to me at the bus stop and asked me if I wanted some money.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

The Police don't sound like they have done much if they simply took the neighbour's word for it and didn't investigate this.

There is a further option and that would be to apply to the local county court for a civil injunction. This is a civil court order which prohibits a course of conduct such as antisocial behaviour. If you rent or the neighbours rents, you can ask the local council if they can deal with this as they can apply for an injunction on their own behalf.

If you have to apply then you should send the neighbour a cease and desist letter to warn them of your intentions unless they stop (and give them 14 days to stop their conduct to allow them to seek legal advice). A template “cease and desist” letter is available at LawDepot

If you go to the search box in the top right corner of the site, it will bring up a list - you want the "general" letter.

You can use your own letter if you wish - it just has to make it clear this is a cease and desist letter, that you demand they stop their conduct, and that if they do not within 14 days you will apply to the court for the injunction and seek your costs.

That letter may well be enough to stop the conduct - as an injunction is a serious legal remedy. The judge will want to see that you have sent the cease and desist letter given an injunction is a last resort.

Assuming they continue, you will need to complete the application for the injunction and send to your county court.

You will need to detail the history of the issues with the neighbour to paint a picture for the Judge as they will not know what this neighbour is like and what they have done to you unless you describe it.

If the injunction application is successful you can ask the court for a costs order to be paid by the neighbour.

The court will list a hearing where you attend and ask the District Judge for an order and the injunction. The application would be made under Section 1 of the Protection from Harassment Act 1997. Harassment is defined as “unwanted conduct designed to cause the victim alarm or distress”. There needs to be more than one incidence of the harassing behaviour but based on your question it seems that to be the case so you would be fine with applying in my view.

If granted, the Order is then served on the individual concerned and they are bound by the court order - if they breach the order, they are in contempt of court and could well face a fine and a prison term. The order will say they must stop their conduct with immediate effect. They are very effective given the consequences of breaching the terms of the injunction.

The cease and desist letter will hopefully work so you may not need to apply but if you then I recommend you ask one of the following law firms to step in - they should be able to claim their costs from the neighbour so would be worth asking them to help you with this:

  1. https://www.luptonfawcett.com/commercial-disputes-litigation/injunctions/

  2. https://www.gannons.co.uk/commercial-litigation/injunctions/

  3. https://www.ibblaw.co.uk/service/commercial-dispute-resolution/applying-injunction

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

JimLawyer and other Family Law Specialists are ready to help you
Customer: replied 13 days ago.
Thankyou very much. But my husband would not let me take any action.

Thanks, ***** ***** take action on your own if you are being harassed. I am not sure why your husband needs to give you consent

Customer: replied 13 days ago.
He's a wimp. He doesn't want to upset the neighbours. He is very controlling. And I am with Mind.They are trying to help me.

OK, thank you. You can deal with this without his consent. If there are domestic abusive issues then you could apply for a court order though you would need to ask a family lawyer - we have family lawyers on this site if you want to ask one of them. If so, if you could ask another question in another thread and one of them will assist you with that.

Customer: replied 13 days ago.
I have had a lot of depression in my life starting with postnatal after my son was born. And it went on for years. But I am fine now. Trying to get off my medication. But the mentle heath people won't leave me alone. And just keep telling me to take more tablets. But that does not solve the problem. Mind are trying to help me.

Thank you, ***** ***** and if you would like further help regarding the question please do let me know.

Customer: replied 10 days ago.
He is a silly old man in his 80's and has always been jealous of us. I think he did this to annoy because of his jealousy. O just ignore him and his wife now and I think he's got my message. We have lived in this street for 47years and I think this neighbour next door and co.( other neighbours) thought it was a jokey thing to do. I have nothing but compemt for them now but I don't worry about it any more. You can't always have nice neighbours. But I will not leave my house or my lovely garden because of badly behaved people. That is their problem not mine. I pity him and his poor wife. Thankyoufor your help and time. MrsC Mabbett. He has lost a friend and so has she.
Very true though unfortunately we can’t choose our neighbours - however there are legal remedies available if they become troublesome
Customer: replied 10 days ago.
Some neighbours have lived here since the houses were built and are very old now and set in their ways. I am glad I have an open mind and strong enough to withstand their behaviour. You can't change people's ways sometimes when there old.
Very true, thank you again and have a nice evening.
Customer: replied 9 days ago.
Thankyou. May be in touch again if troubled.

No problem at all, thanks

Customer: replied 8 days ago.
On holiday in Lyme Regis. Away from horrible neighbours. So far so good.

Thank you, enjoy

Customer: replied 5 days ago.
Have had a jolly good holiday. Will see what happens on our return.

Thanks, I'm glad you did.

Just a note that any further questions should ideally be posted within 7 days of this one (as the original one from 13th September cannot be kept open indefinitely). If you have further questions may I ask that you post a new question to the main site. It will not cost extra if you have membership. If you would like me to deal with the new question please mark it “For JIM only” and I will pick it up as soon as I can.

Many thanks

Customer: replied 2 days ago.
We are still being disturbed by adjoining neighbours talking into our house space through the walls. Planning how to steal our property and get rid of us. This has been going on for 3 and a half years none stop. And everywhere we go on holiday they are still talking in the background following us everywhere. These people are evil and only want to destroy our marriage or us. How can you help us with this problem as the police won't help.
Customer: replied 2 days ago.
For Jim only.

Thanks, ***** ***** out how to deal with this - a cease and desist letter and if that doesn't work - apply for an injunction. You can either do that yourself or with a law firm (we cannot do it for you as we are an internet forum and not a law firm).

Just a note that any further questions should ideally be posted (in a new thread) within 7 days of this one (as the original one from 13th September cannot be kept open indefinitely). If you have further questions may I ask that you post a new question to the main site. It will not cost extra if you have membership. If you would like me to deal with the new question please mark it “For JIM only” and I will pick it up as soon as I can.

Alternatively, I will send a premium offer service for continued Q&A here.

Many thanks

Customer: replied 1 day ago.
Did you read my last question.

Hi, thank you - yes I did - could you confirm if you have sent the neighbour a cease and desist letter?.

Generally one is required (unless you want an urgent hearing) before you can apply for an injunction (the application to the court). I set this out in my answer on the 13th. If you can let me know.