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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12179
Experience:  30 years as a practising solicitor.
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Since the beginning of 2014, I have been a victim of serious

Customer Question

Since the beginning of 2014, I have been a victim of serious crimes and persecution at my home / office residence. The incidents of crime are connected to my ex-partner who used to reside with me in the property) and her family.
I have had dealings with the police and various government organisations without getting any conclusive investigation / result for the reported crimes.It started as cyber (computers & mobile) and surveillance crimes, likely long before my noticing it, worsened after my separation, court action and divorce from her.The persecution and crimes have led to serious and detrimental damages to my health and career / business and resulted in my adverse financial circumstance including accumulation of unmanageable debt. I am thus taking the decided action to pursue prosecution and legal claims against her and family.Can you help with advise in pursuing this course of action?
What is the process / forms for drafting a writ, etc to start prosecution?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Prosecution is in the hands of the police and procurator fiscal. You won't be able to launch a private prosecution. You just have to keep reporting each and every event to the police.
Thank you for your question.
As far as the civil courts and civil remedies are concerned you have each of the following:
1. Interdict, which is an order to keep them away from you.
2. A protection from harassment order.
3. Reporting to the council and lobbying for an ASBO
4. An action for damages based on the stress caused to you. You will need your doctor to confirm that you have a recognised illness and establish that the illness is due to the events to which you refer.
Unless you are acquainted with legal drafting and court procedures you will not be able to do this yourself. A solicitor will be required and you may qualify for legal aid.
I hope this helps. Please leave a positive rating so that I am credited for my time. Happy to discuss further.
Customer: replied 2 years ago.
As far as the remedies you describe are concerned, what is the process / procedure, forms, etc for taking action for damages based on the damage caused to health, business, profession?
Expert:  JGM replied 2 years ago.
The process involves the raising of an Ordinary action for damages in the sheriff court. The action starts by the drafting of an initial writ which is served on the defender. The drafting of the writ is the specialised bit which needs a solicitor.