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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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I am being along with my wife verbally harassed by s family

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I am being along with my wife verbally harassed by s family member he keeps sending threatening text messages.
Assistant: Where are you? It matters because laws vary by location.
Customer: We live in Isleworth Middlesex the other person lives in Southend
Assistant: What steps have you taken so far?
Customer: Nothing just recieved threatening texts
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: My wife and I feel threatened by this person the man is unhinged
Customer: replied 7 days ago.
The person in question is my wife's brother! We have been in conflict for a number of years and we have had no contact for at least 3 years and now he wants information from my wife who is through a bad stroke not mentally competent.
Customer: replied 7 days ago.
He is being verbally insulting and from past dealings with this person he is doing something I do not trust.

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

The best way forwards would be to apply to the local county court for a civil injunction.

However, before you do this, send the family member 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 family member to paint a picture for the Judge as they will not know what this person is like unless you describe it.

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

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”.

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.

Your local county court should be :

  • Brentford County Court, Alexandra Road, High Street, Brentford, TW8 0JJ

I recommend you go to the 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



JimLawyer and 4 other Law Specialists are ready to help you
Customer: replied 7 days ago.
Thank you Jim.
I will wait for a while to see if my communication with the party brings a reply. It is well known that this person has a history of causing problems with my wife. I will certainly come back to you with this should the problem escalate.
Speak soon Martin Waddingham.

No problem - hopefully the cease and desist letter will work - if it doesn't then an injunction can be applied for and if he continued to cause problems he could end up in prison for contempt of court.

Please come back to me if you need to.

Have a good evening.