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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 2815
Experience:  Solicitor at BLM
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My live alone mother, aged 87, has experienced verbal abuse

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My live alone mother, aged 87, has experienced verbal abuse and violence (hammer used to damage garden fence) from neighbor who claims property line violation after 18 years without incident. Police have been notified but no action taken. Neighbor is threatening legal action. Please advise appropriate steps for us. Can a restraining order be issued?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: a police report was filed
JA: Where is the property located?
Customer: warminster in Wiltshire, uk
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i am living in Los Angeles and unable to assist directly, but siblings are present

Hello

Welcome to JA.

I am sorry to hear about your situation.

Since the police are unable to assist at the moment I suggest you apply to the local county court for a civil injunction. This is a court remedy that orders the man to stop such conduct and failing to do so can amount to a criminal offence.

However, before you do this, send the neighbour a cease and desist letter to warn him of your intentions unless he stops.

Please give the neighbour 14 days to stop the conduct.

You can obtain a “cease and desist” letter template from www.lawdepot.co.uk. That said you can a draft letter by your self too but ensure you make it known it is a cease and desist letter and he stops the conduct(ensure you spell out the conduct too) in question. Further it will be wise to remind him that his conducts falls within the definition given within Section 1 of the Protection from Harassment Act 1997 which is as unwanted conduct designed to cause the victim alarm or distress”. Hopefully the letter may well be enough to stop the conduct as an injunction is a serious legal remedy.

Assuming the conduct continues after you send the letter then it would be up to you whether you want to apply for the injunction. My advice is to instruct a local solicitor to assist you with completing the relevant forms. Alternatively you can return to JA and open a new question and i or one of the other experts can assist you with regards ***** ***** the relevant forms.

I hope I have clarified the position.

Thanks and stay safe.

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