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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 26777
Experience:  Senior Partner at Berkson Wallace
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I would like advise on if I can send a crease and desist

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I would like advise on if I can send a crease and desist letter to stop an abusive family member sending text, whatsapp and messanger messages at night when obviously under the influence of drink.
JA: Was a protective order issued? What were the basic terms?
Customer: We have not taken any action as yet but is it getting out of hand and the person in question is not really approachable
JA: Is there ongoing abuse or harassment? Were the police called?
Customer: mental and emotional abuse to my 89 year old mother by phone, harassment to my sister, myself and nephew via these messages
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No, she is not classed as having any mental health issues as far as I know but is and has always been a very difficult person who's drinking has really escalated the problem

Hello. My name is***** you for the question.

It is my pleasure to assist you today.

I have been in the legal profession, in High Street practice, for almost 30 years so I have wide range of experience in a great many different aspects of law.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Although I am shown as online, I may be dealing with other people, on the telephone, or typing.

Please be assured that you will receive an email once I have written a reply.

Just Answer is not a chat service, it’s an email reply board and therefore sometimes it will be minutes, sometimes it may be longer, even hours or overnight.

I apologise in advance if you suffer a delay.

Kind regards.

Who are they and why are they doing this?
you have address for them?
Customer: replied 14 days ago.
The person in question is our sister, she is sending abusive text etc as my mum asked her to leave the house and leave her alone as she is causing my mum lots of upset, my sister and I have intervened and told her to stop phoning and coming around so the abuse as started, as she is blocked on many peoples phones she has now started to message my 18 year old nephew calling his mum etc and also telling people we (my wife, my other sister and myself) as abusing our mother. I shall have her full address shortly. its very silly but now getting beyond the joke and is causing people to worry
Customer: replied 14 days ago.
I would like to have my sister on the call and as I am at work I will need to arrange a time etc, tomorrow would be good, is this acceptable?

As you are aware, you are being harassed.

Harassment is defined as a course of action (more than once) which is intended to harass, does harass, is reckless as to whether it harasses, or if the average bystander would look at the conduct and think that it was indeed harassment.

Harassment is both a civil matter and a criminal matter.

If a person is being harassed, they can go to the police and ask them to warn the alleged culprit under the Protection from Harassment Act. Some police forces take harassment very seriously and others not so and therefore, the person who is being allegedly harassed may need to speak to a senior officer or put a complaint in writing to the Chief Constable.

You can also make an application to court, the local County Court, for an injunction to stop the person coming within 100 m of you or contacting you either directly or through 1/3 party although if the couple lived together whether as partners or just living in the same house, the distance constraint would be a lot lower.

Breaching such an order/injunction is contempt of court and is an arrestable offence which is actually more serious, breaching the order, than the original harassment offence.

If you want to apply for a civil injunction, we can tell you exactly what to put on the form, which form, the wording, et cetera et cetera. There is an extra fee for that guidance which I can provide for you as an additional service. It’s optional extra. It is often the case that a robustly worded letter from a/your solicitor threatening a court application and an application for costs, may resolve the issue without the need to go as far as court.

On your house insurance you may have legal expenses cover that would pay for the legal cost so it’s worthwhile checking. Some do and some don't.

The potential problem for you is that a solicitors letter and opening the file et cetera et cetera is probably going to cost GBP250 to start whereas the injunction application is only GBP255.

The full list of court fees are here:

https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50

there is very little legal aid available now except in very few categories but if you are on benefits or low-income, you may get help with or not have to pay the fees. Details are here:

https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees

I’m afraid that we are specifically not allowed to take instructions from here.

If the site were to be a source of potential clients, we would no longer be independent because we would have an interest in pursuing litigation. With no interest in pursuing litigation, we can be really objective with our view is to whether something has a good chance or a limited chance of success.

In any event, for logistical reasons you would be better using a local solicitor .

Don’t try to do this on the telephone, turn up at the police station. The more people make the complaint, the better so if you go along with your nephew and your mother, there is more chance that the police are going to take note.

You have probably seen a pop-up offering you the chance of a telephone call at an extra cost. It is up to you whether you have a telephone call or not but do bear in mind that a 15-30 minute telephone call covers an awful lot of ground and you can get an awful lot of information in that time. So you can ignore it or go ahead or go ahead later. It’s your choice.

Meanwhile, we can carry on on here.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart

Customer: replied 14 days ago.
Thanks for the help and I shall discuss with the family.

Can I help you any further with this? It's my pleasure to help. I’m glad that I was able to help so far. Thank you for trusting Just Answer with your legal problem. I'm happy to clarify anything which is outstanding. Please don't hesitate to ask. Kind regards Stuart

Hello again. If you don’t have any further questions, I will mark this question thread as complete for now, but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months. I’m glad that I was able to help. Thank you for trusting Just Answer with your legal problem. Kind regards Stuart

Stuart J and other Law Specialists are ready to help you
Customer: replied 12 days ago.
Very helpful, quick reply which was great and will use again

Thank you for the kind comments. I’m glad to help.

By the way, if you would like to ask me a new question in the future, (not just clarification on this thread, then please just type @ (the at sign) followed by my name and you’ll be able to select my username to tag me in the question.

If you like, you can also put “For Stuart J only” in the question thread and then the other experts will know that it’s for me.

You can also tag me as one of your favourite experts.

Thank you

Kind regards.

Stuart