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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13933
Experience:  Senior Associate Solicitor
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I have estranged parents that keep trying to contact me even

Customer Question

I have estranged parents that keep trying to contact me even though I’ve asked them on numerous occasions not to, they’ve gone as far as to find my phone number and even bombarded my partner with messages and even letters they caused me a lot of trauma and I simply wish to have peace is there anything I can do to stop them from contacting once and for all
JA: Where are you? It matters because laws vary by location.
Customer: I’m in the United Kingdom, England
JA: What steps have you taken so far?
Customer: I’ve changed my phone number numerous times even moved houses and got rid of all social media in fear of having an unwanted message
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: they also try to send me money on “special” occasions and they make me feel as though I have to speak to them, I don’t ask for anything from them. they also withheld my documents for over 6 months to force me to speak to them which simply led to me being out of a job and unable to make a living for myself when I was 18. The messages they send are usually that there’s been an emergency or it’s somebody’s birthday but I feel as though they do it to bait me into speaking to them and then the emotional abuse starts again I just want my freedom and space as a 21 year old that works full time and has his own life.
Submitted: 15 days ago.
Category: Law
Expert:  JimLawyer replied 15 days ago.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

Expert:  JimLawyer replied 15 days ago.

Yes, you can apply to the local county court for a civil injunction.

However, before you do this, send the parents 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 https://www.lawdepot.co.uk/

If you go to the search box in the top right corner of the site, it will bring up a list - you want the "general" letter.

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 application for the injunction 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 check your eligibility here: http://www.gov.uk/get-help-with-court-fees

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.

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

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”. There needs to be more than one incidence of the harassing behaviour but based on your question it seems that to be the case so you would be fine with applying in my view.

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. The order will say they cannot contact you and come near you within a certain distance. They are very effective given the consequences of breaching the terms of the injunction.

The cease and desist letter will hopefully work so you may not need to apply but if you then 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.

If you do need to take that step and apply for the injunction, please come back here as I have the forms required. If you prefer a law firm to do the letter (and apply for the injunction if the letter has no effect) then try any of these firms they should be able to claim their costs from the parents so would be worth asking them to help you with this:

  1. https://www.kingsleynapley.co.uk/services/department/dispute-resolution/injunctions

  2. https://www.gannons.co.uk/commercial-litigation/injunctions/

  3. https://www.ibblaw.co.uk/service/commercial-dispute-resolution/applying-injunction
Expert:  JimLawyer replied 15 days ago.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Expert:  JimLawyer replied 15 days ago.

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 15 days ago.
Thank you so much! I’ll be sending them a cease and desist letter ASAP !
Expert:  JimLawyer replied 15 days ago.

No problem, if you post it perhaps give them 14 days. Either way, it should work hopefully.
Have a good day.
Jim