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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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My ex partner has been regularly sending unwanted emails,

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My ex partner has been regularly sending unwanted emails, texts and voicemails since I ended a 14 year relationship 6 weeks ago. Although I only contacted the police once about the number of messages and the fact that he turned up at my home ringing and demanding to collect a gift he gave to me from over 5 years ago, the police tried to visit him to issue a warning to stay away but were unsuccessful in contacting him. Although the police advised me to block his number and not respond, his voice messages still come through and he has continued to send emails to 3 different email addresses I have in attempting to get a response, basically not threatening me personally but threatening to reveal personal details to my family. I have found that the police have completely lost interest, have not visited him again since initially and are unable or seemingly unwilling to follow this up further or provide an update. I am simply told to ignore all contact (which I have been) and only ring 999 if my ex calls at my address. The police have read a number of texts but have not kept them and by encouraging me to block his number I am no longer able to track texts. On contacting 101 to state that I still receive voice messages the police operator just asked "was it his voice?" as though they do not believe me. I feel as though I have been discouraged and fobbed off by the police and, as a consequence my ex has stepped up his frequent emailing and calls. Is there anything else that I can do to stop this or just wait until he maybe eventually gives up? This is affecting my quality of life and every day I worry about the next message or email. Thanks
Assistant: Have any charges been filed? If so, when is the next court date?
Customer: No. The police initially asked me what I wanted them to do and I just said I wanted him to stop/stay away. They visited his home a couple of times but I think he was aware they may turn up so just didn't answer. So nothing else has been done since - that was 3 and a half weeks ago
Assistant: Where did this occur?
Customer: UK, he lives quite local to me
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Have I ran out of options if the police are not willing to help further?

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

All of the conduct in my view amounts to harassment and as such you can apply for a civil injunction from your local county court.

However, before you do this, send the ex a cease and desist letter to warn them of your intentions unless they stop (and give them 7 days to stop their conduct). A template “cease and desist” letter is available at www.lawdepot.co.uk. 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 7 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.

Assuming they continue, you will need to complete the attached N208 claim form (to start proceedings) and the application for an injunction N16a form and send to your county court with a fee of £308 payable to HMCTS (unless you have a low income/low savings and/or you are in receipt of benefits in which case you can get a fee exemption so you do not have to pay).

For a fee exemption you need to also send to the court form EX160 (also attached). If you do not qualify for the fee exemption, you can pay either by cheque or attend the court and pay at the counter. You will need to prepare a witness statement to accompany the form. A template is attached for you to use.

You will need to detail the history of the issues with the ex to paint a picture for the Judge as they will not know what this person 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 ex.

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". This applies in your case which I am sure you will agree.

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.

If you want to draft the application then I can check it before you send it. The cease and desist letter may work so you may not need to apply but if you do, come back here and I will gladly check it for you.

I recommend you go to the local county court in person with the forms to ensure they are correct - they are fairly complex so it would save time by you doing this - the court staff should check them before they issue the papers.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim



Customer: replied 6 days ago.
Hi Jim,

Is this similar to a non- molestation order and is one easier or quicker to apply for than the other? I am not sure of the differences between the different injunctions or orders. I would not be eligible for any benefit i think, as I work for myself, full time.

A non-molestation order is similar to this, yes, except that is for situations which involved domestic violence. The injunction I outlined is a general application but the law is there to stop the harassment in situations such as yours. It would be worth going to court in person with the forms and asking for a hearing (once you have sent the ex a letter or email to demand they stop contacting you within 7 days).

Customer: replied 6 days ago.
Thanks, and does the injunction have the power to arrest? My only concern is that giving my ex 7 days notice could cause him to become more angry and aggressive. His initial texts were very abusive towards me and also threatening revenge on my friends etc. Would he have to be present in court?

The power of arrest is for harassment of a criminal nature. This would be a civil injunction but if they breached the terms then it means they are in contempt of court which means arrest and a prison term. You can apply for a without notice injunction which means you do not need to write to him - this would be applicable if he is aggressive and likely to cause further more serious problems. He may be invited to attend court but you would be able to have a different room to him so you do not see him

I hope I have helped.

Before you go please don't forget to rate the answer by clicking the 5 stars on screen and clicking submit.

Many thanks,

Jim

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Customer: replied 5 days ago.
Thanks for the advice and attached forms Jim. This has been really helpful.

Nicole