DrEvil

A friend of mine is in a very frustrating situation.

A couple of years back, a third party mistreated this friend (I'll spare details).. Unfortunately, due to the time it took said friend to come to terms with what had happened, no legal proscution could be carried out - basically the police said it would be hard to prove due to no physical evidence now and their word against the other parties etc... Trouble is, this third party has now attempted to contact this friend, which has not helped them put the past in the past etc... Ultimately, my friend would like to walk down the street without having to look over their shoulder... I put them intouch with a solicitor, who said some sort of civil restraining order might be able to be raised against the third party - but this can be contested of course - which would potentially mean them having to relive events in front of complete strangers and maybe coming out of this without anything other than a court bill...

Has anyone had to do this sort of thing before? If so, could you pass on any advice?

Thanks, Alex

carl

I think it's an injunction you need.

DrEvil

Carl,

Cheers, I'd forgotten the exact term used...

If anyone has done this in the past, and has some info they may think will be of help, please either comment here and/or email me.

Thanks, Alex

BuRR

Make sure you apply for the correct injunction....

...see a solicitor in the first instance, many offer a free consultation period.

The injunction will enable you to place conditions on the "access" of the other party, usually not to approach you or your property within x yards or metres....

..in a nutshell, there are 2 types of injunction.... one with a power of arrest and one without.

Basically, the one without isn't worth the paper its written on IMHO.

DrEvil

Burr - do you know what sort of justification you need for the one 'with power of arrest'.. my friends concern is the likelyhood of appeal by the third party thus putting said person through more distress?

Bring back the old fashion ways I say!

boxst

Hello

I'm interested as well if anybody knows under what conditions an arrestable injuction is liable to be passed.

Thanks!

Steve

http://www.GetEdenbridgeBroadBand.co.uk

DrEvil

Guess nobody has more to add ?
My solicitor was fairly negative about the whole thing, anyone recommend one?

healeyb

I'm not a solicitor but I did go to see one some years ago to "make someone do something" - in this case return some documents to me. Apparently an injunction can only be granted as part of wider proceedings, so you'd need to be suing them for something to take out an injunction. It's expensive too. There is something called "An originating application for a specific order" which is what I used to get my documents back, but your friend needs to see a solicitor for reliable info.

Frankly if it was me I'd go round there with a baseball bat.

DrEvil

Healeyb

Thanks for the info.. And as for your final comment, I know what you mean!

It is so frustrating that the odds are so highly stacked in the criminal's favour - by the time some people have finally started to deal with what happened to them and feel strong enough to report it (ie. go through the painful details of what happened) its often to late from a legal stand point.

It is also frustrating to see a friend go through so much pain over and over, because they think they see the person in the street or perhaps their car behind them on the road...

Thanks for the help all of you, I know the solicitor is really the only logical place to find the full info on this.

Cheers, Alex

Brendan Hughes

Citizens' advice? Cheaper than a solicitor if nothing else.