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SASH_Law
SASH_Law, Lawyer
Category: Property Law
Satisfied Customers: 4659
Experience:  LLB (Hons)
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I want to apply for restrain order against someone. He has

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I want to apply for restrain order against someone. He has assaulted me and my child in my house. I have made police complaint but police did not take any action against him or prosecuted him because of only hearsay evidence. I got a fractured on my small finger. Which form do I need to complete? Is it FL401 or N16? what evidence do i need to submit to support my case? can I claim criminal injury compensation? which form do I need to complete for that? He is not family member but known to him through the community. furthermore assault has taken place now 4 moths ago and because of the covid 19 I couldn't take make any application to the court for restraining order.

Hi, I'm Lea and I have reviewed your query.

Did the police interview this person and then decide to take no further action? Were they aware that you had a broken finger?

What relationship to you is this person?

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 1 year ago.
they aware and they have interviewed the person and decided not to take any action against him which I made complaint about their poor investigation but I want to get injuction against him to protect myself and my child. Please advise. Please read the question I have already written they police choose not to take action against him.
Customer: replied 1 year ago.
He is not family members. He is local guys whom I know through community.

This person doesn't fit into the criteria required for you to obtain a non molestation order - there is a defined list of who you can apply for an order against, and as a person in the community, this person does not fall into that. So you cannot use an FL401 to get a non molestation order.

The police have the power to issue a harassment warning - and you should not be afraid to report this person if you are in fear for your safety. See here for some more information and help in relation to harassment: https://rightsofwomen.org.uk/get-information/violence-against-women-and-international-law/harassment-and-the-law/

Your other option is to ask the police to re-open their investigation. It seems unbelievable that they have not acted on an actual injury to you, so I think you should push for a more senior officer to review the case.

And finally, you could try a private prosecution - but will need to instruct a lawyer to assist you with this...and it's not cheap.

Customer: replied 1 year ago.
Are you saying can I not eligible to apply N16 restraint order against this person?
Customer: replied 1 year ago.
I have made a police complaint to the senior officer but they wrote to me that investigation officer was right not to prosecute him.

It's not the right type of injunction for what you want to achieve.

Customer: replied 1 year ago.
Why restraint order is not appropriate? All I want is to person does not contact me or hurt me physically or verbally and pay me the cost of injury. Which form do I need to fill to claim criminal injury?

In my view an N16 injunction is not the right type of injunction for what you want - but there is no reason you cannot apply to the court and let them decide.

You can find out more about how to claim CIC here: https://www.gov.uk/claim-compensation-criminal-injury

Customer: replied 1 year ago.
Ok thank you for your support

You're very welcome.

I hope you manage to get this sorted out.

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