I hope someone can offer some advice regarding a huge problem myself and my family are having regarding a nuisance who is constantly removing and covering up things on my sisters grave.
To cut a very long story short,
my sister used to be in a relationship a long long time ago with a man
who during the time they were together was very violent and abusive towards her,
resulting in various injunctions and arrests.
When their daughter was 12 (she's now 30) my sis finally managed to end it once and for all and started to move forward with her life.
Over the years that followed he reared his ugly head every now and then making various threats towards my sis and their daughter but nothing came of it and he was just ignored.
Sadly after fighting breast cancer for 7 years she lost her battle and died last August.
Shortly before she died she was really concerned that once she'd gone he would start causing trouble for her daughter and husband (she had been in a very happy relationship for 9 years) and asked me to do all I could to prevent this happening.
Not long after she was buried my niece and brother-in-law started receiving vile threatening message from him and tributes left by family and friends on her grave were being moved and hidden.
The police were contacted last November and details taken regarding the messages but nothing was done, my niece was just advised to block him (there are reasons she's reluctant to do this which is another story.....)
The messages have continued and over the past month have got worse as has the messing with the grave.
He's hiding the tributes her husband's left,
usually thrown behind the headstone
and as there's a picture of my sis on the stone in her wedding dress,
he's moving the vase my mums bought with a tribute to her daughter on it, in front of the pic on the stone to hide it.
Today I went up there and he'd removed my vase and placed it in someone else's grave!!
We spoke to the police yesterday regarding all of this and the officer said that even though the messages are vile and unacceptable it doesn't amount to enough as an arrestable offence,
but he is going to go with a colleague to have a word with him and tell him to stop or he will be nicked.
He also advised to get a civil injection regarding the threats but was uncertain if anything could be put in place regarding him moving stuff on the grave.
This is my question (at last!)
is it possible to obtain an injunction preventing someone from touching items placed on a grave even though he's not damaging it?
I've spoken to my local council who own the cemetery and as the plot isn't owned outright it's not classed as trespass but could be perceived as anti social behaviour.
Is this correct and if so is this enough to get an injunction?
Thanks for any help