How to obtain an injunction against someone

[sisternumber1]

well here we are some 12months later - she disobeyed the formal caution and now she is in court, so far with a court order not allowing her to approach me in any way while they(the court) decide what to do with her, this time she found a rather nasty website owned by an Australian and hosted in the USA - neither of them will remove offensive items unless I get a court order in their countries - its called Freedom of Speech - you are allowed to threaten to kill people publicly both in Australia and in the USA! Have a couple more approaches up my sleeve if they dont work then may have to live with it.

[1jaybo]

Hello Sisternumber1,

 

I have read your thread with much interest as we have very similar issues.

 

I am interested to know how you are getting on. My wife has been harassed by her ex partners " new" girl friend. Its been going on for a couple of years and we have had lots of times where we have reported her to the police for been abusive and threatening and have lots of crime numbers. we are at our wits end. Just as things seem to settle down , she starts again. I do sympathize with you. its so frustrating.

 

We don't know what to do for the best, some people who have limited experience and much faith in the police , just say "get an injunction" like there easy to come by , as easy has buying some new shoes. Those people have no real experience of this sort of thing surly, they would know that its total frustrating to get the police to do anything. so that brings me to you. you have knowledge and experience.

 

Was the harassment order hard to obtain ? can you give some advise on how i should go about this ?? any help will be greatly received and put to good use.

[PriorityOne]

An injunction is obtained via solicitors; not the police. The trouble with "abusive and threatening" behaviour is that it's seen as just that.... and no more. Until a crime is committed, the police will not step in with any more than a warning.

[1jaybo]

PriorityOne thanks for the responce.

 

So what's the cause of action then ? nothing ? do I just wait until this women actual physical abusive my wife ?

 

Is not screaming in the street that she going to hurt her in front of my children enough? I have been searching the net for answers but all come back to the same point...we are powerless and none of the authorities are interested unless actual harm is caused.

[PriorityOne]

PriorityOne thanks for the responce.

 

So what's the cause of action then ? nothing ? do I just wait until this women actual physical abusive my wife ?

 

Is not screaming in the street that she going to hurt her in front of my children enough? I have been searching the net for answers but all come back to the same point...we are powerless and none of the authorities are interested unless actual harm is caused.

 

I wish I could be more positive about this.... but the police won't get involved in the way you want (i.e. arrest/charge) until a crime has actually been committed. That doesn't stop you from seeing a solicitor though with details of all the crime numbers you've obtained.... so I would advise this, if you haven't already done so. You and your family are entitled to live your lives without being harrassed by this person...

Edited December 2, 2010 by PriorityOne
typo

[1jaybo]

Thanks PriorityOne, For your straight up reply.

 

Its disappointing to read that the police don't really care unless you have an actual assault, credible witnesses ect. Its more disapointing to read on the police procedure for Criminal harassment how much they "care" total contrast to reality.

 

A women came round to my house last night banging on the door screaming that she was going to kill my wife, its not the first time , its about the 25 time. My wife called the police , they came round. My wife explained the situation and the police officer replied , so what do you want me to do about it? unbelivable. My wife just broke down on the spot.

 

It brings me to the conclution that the money we spend on policing isnt fitting the requirement. Its not that many times throughout ones life when we need to call on the police and when we do, we are reminded that the propect and serve does fit the bill

[perplexity]

The result of interest to the Police and the CPS is a conviction and they've the best idea of what the result is likely to be when a case goes to court because they've seen it all before.

 

If you think you know better, prosecute privately. Have a word with the manager of your local Magistrate's Court and they'll tell you how to go about it.

 

The punters are spoiled rotten nowadays expecting everything to be done for them. Once upon a time there was no prosecution service nor a police force; all the prosecutions were private.

 

[1jaybo]

I wish i had the knowledge but i am afraid i have to listen to the professionals.

 

we dont always think of the end produce of the CPM conviction rate when our emotions kick in. Well pointed out.

 

just blowing off steam and looking for advice.

 

anyone know how sisternumber1 is getting on?

[PriorityOne]

I wish i had the knowledge but i am afraid i have to listen to the professionals.

 

we dont always think of the end produce of the CPM conviction rate when our emotions kick in. Well pointed out.

 

just blowing off steam and looking for advice.

 

anyone know how sisternumber1 is getting on?

 

No idea.... it's a bit frustrating when threads are not updated....

[Confusedgirl2]

Hello. This is my first post on here. I've been searching for advice on getting an injunction myself. 8-)I hope you are getting on ok, Sisternumber1. You and / or others might this useful to know. I was being harrassed and stalked by my ex boyfriend years ago. He was telephoning and texting my family members whose numbers he had secretly written down from a list on my Mum's wall when we were togeather at my Mum's, he was turning up at my workplace, he was turning up t my Mum's, he was grabbing me in the street, he was physically violent and controlling when he was in a relationship with me.

 

The Policeman I spoke to dealt with it straight away and my ex was phoned and given a warning which my ex took note of, and my ex boyfriend has left me alone ever since. What I don't know is why the difference between the ease with which I managed to get a result, and your ongoing struggle and hardship.

 

It might be because I CHANGED MY MOBILE TELPHONE NUMBER before my ex found out my new MOBILE TELEPHONE NUMBER and carried on contacting me. The Policeman was sympathetic and said I looked shaken, but one point he made was that I had a good case because I changed my phone number and then he found out my number and contacted me again. It might be that you must change your work telephone number before the Police start to take you more seriously. I am not denying what a nuisance that could be. Is that possible for you, to change your work telephone number?

 

It sounds like things are getting better for you anyway as she has been charged for criminal harrassment. How did you manage to get a Solicitor who would take it on in the end? I understand that you are still being contacted via the internet, but at least the Police and a Soliocitor are listening and doing something now.

[raydetinu]

Confused: suggest you start your own thread on this to get better response.

[Confusedgirl2]

Thankyou Raydetinu, but actually I posted all that (long-worded though it may be) because I thought it might be helpful to anyone who has been harrassed. The changing of your phone number might be what helps. Then, once the harrasser gets your new number and harrasses you again, the fact that you felt you needed to change your phone number and then the harrasser got your new phone number is good evidence for the Police of the harrassment. That is what the Police officer told me worked for me anyway. I wonder how possible it is to change the work phone number. I don't know why the harrassing emails are not good enough for the Police though!

[philipsteele]

i think depending of some lawyer is a good thing because injunction is the important matters so try to know more about this from a good lawyer..

[Suzianna]

Rights of women (google search on internet) do a very good guide to DIY junctions aimed at dv but also very useful for other situations of harassment.

 

Local council may be able to assist with an ASBO, Many district councils or london councils have ASB teams

[sisternumber1]

http://www.stalkinghelpline.org a good point of contact for anyone being harassed and stalked