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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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I have had an injunction issued against me several days ago.

Customer Question

I have had an injunction issued against me several days ago. I now have further court papers stating that the claimant has received a threatening phone call from someone claiming to be my father. The letter states, 'an application was made today for your arrest warrant pursuant to S.3 (3) of the protection from harassment act 1997. The court was not prepared to grant our application on a without notice basis and has instead set it down for hearing on the 15th October...' The claimant has written down he received a threatening phone call. Will a warrant for my arrest likely be granted. Is this man's (the claimant) word enough to grant this? the police have never spoken to me regarding this.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Yes, I'm afraid so. It is the basis of most reports. Clearly his evidence has been accepted as an injunction has been ordered.
The police would not have acted yet as there is no warrant yet. It will be passed onto the police after the court rules on the point.
They have made an application for an ex parte order and the Court are giving you the option to make representations.
In truth, if the court accepts a threatening call was made by a person acting as your agent then I'm afraid there probably will be an order.
Sorry if that is bad news but it is quite unlikely the court will not accept his evidence over this if his evidence was sufficient to get the order.
In any event, he can probably show a record of the incoming call.
Can I clarify anything for you?
Customer: replied 2 years ago.
But surely this man could have orchestrated this call himself? The man claiming to be my father said his name was something completely different of that of my father who I have very little to do with. Will I be held in custody on the day I appear in court? How can I possibly be arrested with so little evidence. there has apparently been malicious communications prior to this yet I was never spoken to by the police regarding them and there is no evidence they have anything to do with me. This man is the headteacher of my daughter's school and I admit there has been much contact but no threatening calls. I am extremely worried I will be held in contempt despite not doing anything. Will the police arrest me and having no evidence release me the same day? The court hearing is at 12pm. I have three children to care for so I am very anxious to know what is likely to happen given there is no evidence apart from this man's word.
Expert:  Jo C. replied 2 years ago.
Yes, he could but that isn't very likely and anyway a civil court only has to be satisfied on the civil standard which is more likely than not. It doesn't have to stamp out every possibile risk.
There is evidence. There is an allegation. People are convicted in the criminal courts on less evidence than that.
The reason you were never spoken to is that he has pursed a civil route rather than a criminal one. If there are breaches of civil orders that can carry the power of arrest.
I'm really sorry but it is quite unlikely that they are going to find that a headteacher is lying. Of course, professionals do sometimes lie but not usually about people who have given them no grievance at all.
This will turn really upon what was said. In fairness, you don't control the actions of your father and the Court will have to be satisfied that you encouraged him to do this in some way. If he knows information about the case then that is fairly fatal as that could only have come from you. If it is just a random threat then probably not. If he has given a different name then that might be helpful maybe. It depends on how the evidence comes out. Truth is, whether he is your father or not, if he made comments about the case then that is fairly overwhelming. If not then it would be difficult to connect it to you.
Customer: replied 2 years ago.
So if they do grant the application what will then happen? Will I be arrested there and then? Is it likely (with the lack of concrete evidence) I would be held or kept on remand, possibly interviewed and released? I am anxious that I won't be coming home.
Customer: replied 2 years ago.
I have no choice but to represent myself. Do you have any advice on this also? Many thanks.
Expert:  Jo C. replied 2 years ago.
You will be fine unrepresented. People do that all the time.

They are trailing the issue so I wouldn't expect an arrest unless it goes against you.

I think the application is for the power of arrest to be attached if it is not rather than exercised