My wife of Romany descent, and a neighbour ex NF and BNP sympathiser. Too much evidence both photographic and written to place here. We are seeking a restraining order. Would some kind soul review our evidence, and help prepare a draft order for the court. We are pensioners and do not know where to turn. Many thanks.

Before 30 September 2009, restraining orders could only be imposed in relation to defendants convicted of offences under the Protection from Harassment Act 1997 (PHA 1997). However PHA 1997 was amended by the Domestic Violence, Crime and Victims Act 2004 (DVCVA 2004) and any person convicted or acquitted of any criminal offence after 30 September 2009 can be made subject to a restraining order. It is up to the court whether such an order is imposed. The prosecution usually applies for the order if the circumstances of the case warrant it and the court will make such an order if considered necessary to protect a person from the defendant.

Andy

Thanks for your reply. How about a civil law restraining order?

Just found out that I mean an injunction.

Im not sure thats correct either.....have you actually reported this matter to the Police yet ?

I agree have you made a complaint to the police on this matter of the neighbour, also reported if anti social behavior to the local council anti social team also if the neighbour is renting do you know there landlord if so report it to them.

It would be helpful if you could give us a timeline of events from start till now.

Yes we have had the police round and the landlord. Both have their hands tied in as much as we cannot prove racism. However we have witness statements and photos of the following. If you could imagine these points happening on a regular basis you will have some idea.

1. General Hostility

2. Personal abuse using racist words like 'Pikey'

3. Harassment of visitors to our cottage. We have five written statements including one from the Boss of an Asian Government Officer who came to see us, and was subjected to a torrent of abuse for parking next to our car.

4. Our car deliberately blocked in when loading, so we are unable to close the rear door. We have photos

5. Silly playground pranks like fencing our car in on a private car park with road cones.

6. Weed killer on the lawn and garden.

7. Malicious complaints about anything.

Face them up with it they deny it. This has been going on for the best part of three years.

kind regards to you all

Any body have any ideas for us? There is a company called 'Injunction direct' I think.

Hi DeRichleau

Sorry for asking more questions but just for clarity if you dont mind

1. Exactly how long has this been going on?

2. When did the Police get involved and when reported to the police did they get a Crime Reference Number?

3. Has the Police Community/Neighbourhood Officer been out and had a chat about these issues and what to do? (if not as the local Police Station to arrange a visit)

4. Keep a written record of every single incident no matter how smal. (See Below PDF)

5. Get you Local Councillor and MP involved. (contact them and let them know what is happening)

Every time an incident happens no matter how small report it to Police 101 unless an emergency, Local Councils Anti Social Behaviour Team and keep a record off it.

Other links of interest:

https://www.police.uk/crime-prevention-advice/anti-social-behaviour/

https://www.citizensadvice.org.uk/housing/problems-where-you-live/anti-social-behaviour-in-housing/

http://www.legislation.gov.uk/ukpga/2014/12/contents/enacted

Incident Log-with form fields -----.pdf

Firstly, Thank you so much for your reply, and for you links.

To bring you up to date we have already followed your advice, kept a log used 101 etc.

The Police were unable to take action because we had no proof. However we now have photos and written testimony.

We phoned 101 on the last incident (the one against the Asian visitor) and were told by the Police there was simply no one available to deal with it. The perpetrators simply make malicious complaints against us if we call the Police, and try to bounce the complaint against us.

That said we will follow your further advice, take time to follow your links in detail and with CAG permission keep matters posted here in a non libellous way. My wife is looking at further spinal surgery so things can not carry on the way they are.

Thanks again for your and CAG support.

Hi

Just popping in to see how you are getting on with this?

Something else to look at:

Public Sector Equality Duty: https://www.equalityhumanrights.com/en/advice-and-guidance/public-sector-equality-duty

Human rights at home - Guidance for social housing providers: https://www.equalityhumanrights.com/en/publication-download/human-rights-home-guidance-social-housing-providers

Anti-social Behaviour, Crime and Policing Act 2014: http://www.legislation.gov.uk/ukpga/2014/12/contents/enacted