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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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Dear Sir My daughter has been the victim of harassment and

Customer Question

Dear Sir

My daughter has been the victim of harassment and assault by a neighbouring family.
At a court hearing yesterday a Judge confirmed Mother & Daughter to be convicted of common assault and fined £150 each, with the Father convicted of goading,foul language and offray.
The Judge did not agree to a Restraining Order as it was the mother and daughter's first offence.Today the family continued their harassment. Would an Injuction be in order here, how could it be set up, who would take action if it was breached, and what costs are involved?

Thank you

E R Jackson
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

You could apply for a civil injunction but I wouldn't suggest it. I know it sounds like a good idea but it doesn't usually add much to the protection she has in law and there will be costs.

The costs depends on whether or not they contest it. It could be several thousand if they do. In principle, if you succeed they should pay your costs although we all know the reality particularly if these are people dependent on benefits.

The real problem though is that if these are neighbours then it just wouldn't add much to the law. You would probably get an order that prevents then molesting or harassing her which sounds good but there are criminal offences that cover that conduct anyway. If they are neighbours then a Court will not exclude them from being in the area because they live there so it cannot. Usually injunctions have value if they keep people apart.

If there has been a further incident then they will be prosecuted and probably the Court would impose a restraining order and so you would achieve that end anyway.

If there have been further offences today then it would be worth seeing whether a court is willing to impose a restraining order on the next occasion before you incur the costs of a civil action. You might well find its superfluous.

Hope this helps. Please let me know if you need more information.