How to obtain an injunction against someone

[phat256]

i agree with you priority one there were/are too many petty complaint just in order to embarass spomelese. i do understand soemtimes where the police coem s from but when u call them and u put forward strong evidence in front of their eyes and they stil choose to ignore because they can't be botheresd .. in my eyes they are complacent and as such as guilty as the one who is doing the harassment !

 

at the end of the day hartassment is a serious crime which can be quite traumatic for the person who suffer it.

 

it hink sometines this government is somewhat to blame for all this PC things and result motivated by target !

 

 

mcgu was quite lucky when things moved for him/her when he complaint to MSP mine didn't bothered to do anything to be honest it is 4 month i am awaiting his answer to my complaint letter !

[sisternumber1]

According to the Home Office Site:

 

When will the court Make an Injunction?

Injunctions are a discretionary remedy. This means that the court can decide whether it would be approrpiate for one to be issued.

 

Injunctions may only be used to control the behavious of those with the mental capacity to understand:

- what they are doing; and

- how to modify their behaviour.

therefor it is not a remedy in my case - so now I am left with the question how do I get any sort of relief from my clearly mentally ill sister, surely 15+ years is a long enough without recourse to any legal remedy. Although mentally ill she is also very clever, she is able to do some reasoning. I am currently waiting for C****land Police to get in touch with me to tell me what they intend to do, bureacracy is crazy, takes 10 days for the info to go from one police force to another. Have also decided to write to my MP, not that he has been at all usefull in any past problems that I have put his way, indeed this site was the one that was the most useful in sorting out my daughters problems, if I had waited for my MP my daughter would still be inundated with Debt collectors etc.

[sisternumber1]

The compensation culture has stopped the police from doing their job properly for a long time, IMO..... and/or the politically correct bull that means that they can't risk "offending" people any more....

 

 

Are you saying that this a compensation claim scenario? I see all the adds for compensation claims but have always thought that they applied to accidents, this is straightforward vicious and libelous harassment, and I dont find the idea of going down that road at all helpful, but if it were to be a way to stop the behaviour I would do it, just point me in the right direction;)

[PriorityOne]

You really do have my sympathy (not that that's any use... ). Aside from the peson I described to your earlier, my brother-in-law's first wife was sectioned last week for talking to the traffic in the middle of town. I assume by that, he also meant that she was being a danger to herself.

 

He and my sister have been married for 25 years though.... and that's how long the on-off cr*p has gone on for... She can only be released if someone's willing to take care of her apparently... and no one is any more. So, while there's someone willing to take on that responsibiity for your own sister... they're probably doing nobody any favours if all she does is carry on the way she is.

 

I know she's not sectioned at the moment, but you say that she has been in the past... so it looks like she will be again, going by what you describe.

[PriorityOne]

Are you saying that this a compensation claim scenario? No, that's not what I meant... the police work in the shadow of the compensation culture, which seems why they don't always act on the bleedin' obvious until after an assault has taken place. In some cases, this is way too late. I see all the adds for compensation claims but have always thought that they applied to accidents, this is straightforward vicious and libelous harassment, and I dont find the idea of going down that road at all helpful, but if it were to be a way to stop the behaviour I would do it, just point me in the right direction;)

I'm not alking compensation here, but it may be worth putting in a police complaint to see the response you get, which would also give you a paper trail if your sister does finally flip one day.

 

8)

[sisternumber1]

the person I feel most sorry for in this situation is my husband, little did he know what he married into, he knew about my daughter, indeed he is a very caring and supportive "step" dad to them. But he nor I for that matter had any ideas what my sister would try to do to us and to our businesses (pity they are not more profitable and we could sell up and hide).

 

Sympathy will do, need all the support that I can get, especially as it seems to be affecting my physical health right now.

[sisternumber1]

8)

 

 

and there was I thinking that I had missed something? Police complaint will happen at the appropriate time - done that one before so know about the procedure, oh I have lots of bits of paper since I started complaining to the police, and then on one occassion complaining about the police.

[PriorityOne]

It's difficult to know what to say to you re. your businesses.... but she knows where to find you and how to get to you, which seems to be what's given her so much control over the years. You may have to consider making some radical decisions to be free from her influence and I don't know if that's a realistic prospect for you right now.

 

With my own brother-in-law and his first wife, they had a daughter together... which made life very complicated because of the backlash to her.

 

In my own life, my ex was a violent man yet I was told that he wouldn't be refused overnight access to our daughter because he hadn't attacked her.... only me . So I did a moonlight flit and left (complicated story). I didn't deny him access, but refused to let him have her overnight.... and he didn't know where we lived for a long while.

 

This was many years ago now and our daughter is 18 shortly... but it was the lack of control which made him "behave" so to speak... Warnings from the police would have just inflamed the situation. The world seems to be full of people with unresolved "issues" that can go about and do what they like. My ex was later diagnosed with manic depression and schizophrenia...

[sisternumber1]

Warnings from the police would have just inflamed the situation. The world seems to be full of people with unresolved "issues" that can go about and do what they like. ...

 

 

absolutely!

 

and thank you

 

and I will not allow her to destroy everything my husband and I have built up, so will keep looking for remedies.

[PriorityOne]

Wish I could be more helpful, but do understand some of the frustration you must be going through... and have gone through for X amount of years....

[Conniff]

Harrasment and abuse in a communications system is a criminal offence.

 

You have her ISP because of the emails, contact them, send them a copy of some of the emails you have received and they will terminate the service, they can also take it further if they want to.

Do the same with the telehone service.

[sisternumber1]

Harrasment and abuse in a communications system is a criminal offence.

 

You have her ISP because of the emails, contact them, send them a copy of some of the emails you have received and they will terminate the service, they can also take it further if they want to.

Do the same with the telehone service.

 

hotmail threw her off and banned her from posting anything on their blog site (cant remember what that is called now)

have complained to virgin where she is now - they do not answer my emails

she uses pay as you go mobiles which she changes from time to time so never know who her telephone providers are.

facebook banned her

 

she is perfectly capable of getting new ISP, and email accounts, and then finding new places to post, but over the years have had her thrown off from various places. Of course every time she moves she gets a new IP address and can start again. It will be up to a court to get her banned from most places, I do not know how to go about getting someone who moves approximately every 6 months or so from having communication systems or having her blacklisted. Its also illegal for the Royal Mail to deliver things that are obviously abusive, they are supposed to hand such things to the police, but instead they deliver these missives.

 

Oh to be called Smith or Jones and merge in with the crowd.

[Conniff]

There are only two broadband line providers, Virgin Media and British Telecoms.

 

Make a fuss with them don't just accept the first response or non response.

[sisternumber1]

OK - how long would a reasonable person have to wait for a crime number? I gave my statement on the 24th July. My statement and evidence was sent to C****** on the 30th July. Still waiting for any sort of communication from them, I am chasing the PC down here and he is chasing them. This is the 2nd time that C****** police have ignored my statements and done nothing. I am thinking that I will start formal complaints procedure next week. Does this sound reasonable?

[phat256]

sisternumber one the polcie won't so nothing unil someone has been hurt physically or threat and insult has been made.

 

i have been harassed by someone since january 2008 and it still continuing, the police took several statement from me , my husband and witness ( my Boss and my OH boss) and they still do nothing about it. i have even made a formal complaint to the chief constable/MP and they still did nothign about it ..as no physical damages has been made.

 

they are so useless inthe meantime you are getting frustrated and losing patience ....

[sisternumber1]

She has been charged with Criminal Harassment.

[PriorityOne]

Finally !!

 

How did that come about after all these years... did the police suddenly get a reality check or something ?

[sisternumber1]

constant telephone calls from me, quoting all the bumpf my MP's researcher sent me, and that I found on the WEB including some stuff from the DPS website, and the fact that they decided to actually look her up on the police's computer. Knowledge certainly makes a difference. Oh and the fact that 3 years ago I made an official complaint about the way it was handled then, complaint upheld in my favour.

[PriorityOne]

Hopefully, things will improve for you now.

 

My brother-in-law's ex-wife has since been released back into the community... Makes you wonder what the whole point of sectioning is really... when people just get re-released and repeat the same cycle of nuisance behaviour...

[emmaf01]

Sisternumber1, I hope that this gives you some respite from the harassment.

 

After all the furore a few years ago with the major stalking harassment cases the police and CPS keep saying things have changed but they don't seem to have when you need them.

 

The problem with sectioning someone is that they take a person in, medicate them so they are stable... then send them out with no compulsion to continue with meds and stay away from drugs and alcohol. Without monitoring some will never stay medicated and others, well medication can't change some people.

[legalpickle]

There are only two broadband line providers, Virgin Media and British Telecoms.

 

Make a fuss with them don't just accept the first response or non response.

 

 

This is incorrect. There are only two providers of the physical lines, but they have no control over to whom their customers [Tiscali & the like] provide services. It's part of the contract, and if what Conniff says was true, then there wouldn't be negotiations between the music industry and all ISP's.

 

Sorry to disappoint.

 

The only way they can all be barred from providing services, is by the court granting an injunction [i thought it was called a restraining order] against somebody from using the internet. All providers are obliged to deal with such injunctions, but it does not only go through BT or VM.

[fredbassett]

Not 100% sure but would have thought that all telecommunications companies whether it be broadband or mobile phones would have a Police Liaison or Disclosures team that any police force can liaise directly with in stalking/harrassment cases. It may be worth speaking to the police again to see if there is anything else that can be done to stop her being able to use these forms of communication in which to harrass you - certainly if this was a contract mobile phone she was calling from then the network provider could cancel the phone - I don't know if this is the case with payt phones or broadband. (Have just checked my mobile T & C's and it states:- We can suspend the provision of the service without telling you: - if we believe your mobile device or the services is/are being used in an unauthorised way or for criminal activities; If we belive you are making calls or sending data which are a nuisance, abusive, a hoax, menacing or indecent.....) As Ofcom issue a list of mobile phone numbers to the networks then I would have thought there would be a way for the police to trace which network she is using to make threatening calls. Of course this won't stop her from getting a new phone in the future but may make it more difficult for her to harrass you.

[legalpickle]

Not 100% sure but would have thought that all telecommunications companies whether it be broadband or mobile phones would have a Police Liaison or Disclosures team that any police force can liaise directly with in stalking/harrassment cases. It may be worth speaking to the police again to see if there is anything else that can be done to stop her being able to use these forms of communication in which to harrass you - certainly if this was a contract mobile phone she was calling from then the network provider could cancel the phone - I don't know if this is the case with payt phones or broadband. (Have just checked my mobile T & C's and it states:- We can suspend the provision of the service without telling you: - if we believe your mobile device or the services is/are being used in an unauthorised way or for criminal activities; If we belive you are making calls or sending data which are a nuisance, abusive, a hoax, menacing or indecent.....) As Ofcom issue a list of mobile phone numbers to the networks then I would have thought there would be a way for the police to trace which network she is using to make threatening calls. Of course this won't stop her from getting a new phone in the future but may make it more difficult for her to harrass you.

 

Yes, providers can disconnect anybody who uses their service for harassment. I believe that it is normally the Legal or Compliance teams that deal with that, and with the smaller providers, the Management team deal with it as they don't have dedicated teams.

 

Tracking the mobile network one is on is not as simple as matching numbers up. One can transfer a number between networks very easily, and when a network has a number transferred, if that number is later disconnected the network to which it is transferred own the number and can allocate it after a period of - I believe - 9 months. So whilst the Ofcom list, has all the number ranges and to which network they were originally allocated, there's no guarantee that the numbers are with the same network as they were allocated to. [For example I got two excellent numbers on Virgin - that were allocated to Virgin by Ofcom - pay-as-you-go and ported them over to my T-Mobile business contract. Now if I stupidly didn't pay the bill, after about 9 months or so, T-Mobile could sell or re-allocate those numbers - they wouldn't go back to Virgin.]

 

A small trick I learnt a while ago: However there is a way to track the network the user is on, and it is done by the networks. An easy way to do it yourself, is to call the number in question from your mobile contract, let them answer or it go through to voicemail and hang up 10 seconds later. On your next bill - for most contracts - if the bill is itemized, it will show the network the number called was on. You can block your number with 141 and then the receiving phone won't know who it is either, so you're not at risk - though if you persistently make those calls, the receiving person's network can trace your number.

[MARTIN3030]

A small trick I learnt a while ago: However there is a way to track the network the user is on, and it is done by the networks. An easy way to do it yourself, is to call the number in question from your mobile contract, let them answer or it go through to voicemail and hang up 10 seconds later. On your next bill - for most contracts - if the bill is itemized, it will show the network the number called was on. You can block your number with 141 and then the receiving phone won't know who it is either, so you're not at risk - though if you persistently make those calls, the receiving person's network can trace your number.

 

 

I dont see the point of going to all that trouble (and cover up) surely if you KNOW the number of the caller-then this within itself is enough to do something about it.

[legalpickle]

A small trick I learnt a while ago: However there is a way to track the network the user is on, and it is done by the networks. An easy way to do it yourself, is to call the number in question from your mobile contract, let them answer or it go through to voicemail and hang up 10 seconds later. On your next bill - for most contracts - if the bill is itemized, it will show the network the number called was on. You can block your number with 141 and then the receiving phone won't know who it is either, so you're not at risk - though if you persistently make those calls, the receiving person's network can trace your number.

 

 

I dont see the point of going to all that trouble (and cover up) surely if you KNOW the number of the caller-then this within itself is enough to do something about it.

 

Not necessarily. Dealing with the networks can be a nightmare and a lot of them won't give this information. I even tried calling - I was on Orange [long left them due to their incompetence] and it transpired that the caller was on Voda - the customer "services" and billing and neither would tell me on what network the caller was. I called the caller to try and find out who it was and listen to the background noise to see if I recognized any voices, but I didn't. On my next bill I noticed it had the network to where I had called - Vodafone. I then wrote a nasty letter to the registered office of Vodafone.

 

Obviously if your network customer "services" actually give a service or the caller will say the network they are calling from, then you won't need to do this, but this is a tip I learnt where you don't have those benefits.