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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71131
Experience:  Over 5 years in practice
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I am writing concerning my brother in law. He has mental health

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I am writing concerning my brother in law. He has mental health issues.
David does not work - he has full ESA and is diagnosed with severe depression (inc suicidal ideation) as well as diabetes. He is on tablets for both conditions but does not look after himself and is a heavy drinker.
David's behaviour is erratic and he has mood swings, often displaying aggressive tendancies. He is obsessive, and becomes fixated on certain people, blaming them for his problems. Those people include his stepmother, his Mother's partner, his mother and myself.
He has often said he intends to go round to his Mother's partner and 'take him out with a shotgun'.
He is on police record for intimidation towards his stepmother following the death of their father 18 months ago.
He has often displayed intimidating behaviour towards me during the last 12 years.
However on Saturday night, David left two exceptionally aggressive and abusive voicemails on my phone, including many expletives, saying I had ruined his life and that of his brother, and that I should 'look over my shoulder from now on' and that I would 'get what was coming to me'. I have not even been in contact with David for several months so this was completely out of the blue and unprovoked.
He was also extremely drunk and had been drinking all day as far as we can work out.
We feel that David is a danger to himself and also to others (namely me). We have two young children and I feel very vulnerable.
He knows where we live and could come over at any time.
I have informed the police and have to make a full statement
Is it possible to get an injunction against him?
Thank you for your question. My name is ***** ***** I will try to help with this.
Sorry for the delay.
So, in short, he has left you two messages?
And this is the only conduct complained of in relation to you?
Customer: replied 2 years ago.
Customer: replied 2 years ago.
But he has in the past been rude and intimidating and also registered debts to my address. I had debt collectors come to my front door and threaten me (2010). I had to pay them off to the tune of 800 pounds
That is not going to be a ground for an injunction.
What action are the police taking?
Customer: replied 2 years ago.
I am making a formal statement tomorrow evening.
They could just give him a harassment warning which would have a similar effect to an injunction in a convoluted way. Two phone calls, however, abusive and whatever his background is not going to attract a hefty sentence so a harassment warning would be just as effective as a prosecution.
if they are not going to give him a harassment warning then you can always seek an injunction. You don't need to show a huge amount to achieve an injunction if all you are doing is seeking to prevent a person going somewhere they have no reason to be or doing something they should not be doing anyway. If he has no reason to go to your address then an injunction should be available to that extent.
If the police do prosecute him for harassment then the court may well make a restraining order anyway. The risk will be that he will just receive a police caution and no restraining order or harassment warning.
I would wait for the outcome of the police investigation before you take any steps that will cost money though.
Can I clarify anything for you?
Customer: replied 2 years ago.
No that's brilliant many thanks for the advice
No problem and all the best.
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