Advice Needed: Any legal types about

[drivin_me_nuts]

Please can someone tell me how you go about getting a restraining order. I don't want to go into any details, I just want to know

a) how to do it
b) how quickly it can be done
c) how can it be enforced and what are its limitations

Thanks.

[Biker's Nemesis]

Who's driving you nuts?

[drivin_me_nuts]

I'm being serious, I need some advice ASAP

[Biker's Nemesis]

Contacting the Police would be the thinking mans choice first then.

[drivin_me_nuts]

yes, very good. Next.

[Biker's Nemesis]

OK.

Speak to a solicitor.

Unfortunately I'm not one.

[sparkythecat]

Perhaps if you told us who it is that you want to restrain and what it is you want to restrain them from doing, we could better advise you.

For instance Do you want to restrain some multi national company from illegally using your intellectual property in an international advertising campaign, or do you just want to stop your neighbour's dog stting on your lawn?

[drivin_me_nuts]

sparkythecat said:

Perhaps if you told us who it is that you want to restrain and what it is you want to restrain them from doing, we could better advise you.

For instance Do you want to restrain some multi national company from illegally using your intellectual property in an international advertising campaign, or do you just want to stop your neighbour's dog stting on your lawn?

A person: Violence, threats of assault, death. Mental, verbal, psychological assault, stealing property, threatening and physical assault. Nasty nasty man who plays the system in every way that is possible.

Any practical advice welcome.

Edited by drivin_me_nuts on Friday 12th September 00:08

[Biker's Nemesis]

First step would be to report it to the Police.

[drivin_me_nuts]

Biker's Nemesis said:

First step would be to report it to the Police.

Done that, only got so far with that approach. Need to do something more pragmatic.

[Biker's Nemesis]

drivin_me_nuts said:

Biker's Nemesis said:

First step would be to report it to the Police.

Done that, only got so far with that approach. Need to do something more pragmatic.

Well I think we both know the course of action that needs to be taken.

[sparkythecat]

If you can give the police enough evidence, they can arrest chummy. Even if they release him on bail without charging him, they can put conditions on that bail to try and ensure that he keeps away from you. (Mustn't come within so many yards of your home or attempt to contact you or threaten you etc etc.)
if he then breaches those conditions he can be arrested agai

Edited by sparkythecat on Friday 12th September 00:23

[drivin_me_nuts]

Biker's Nemesis said:

drivin_me_nuts said:

Biker's Nemesis said:

First step would be to report it to the Police.

Done that, only got so far with that approach. Need to do something more pragmatic.

Well I think we both know the course of action that needs to be taken.

.. tempting ...

I realise I posted this late but if anyone is about who can reply in the morning I will be very grateful. I am doing this on behalf of someone who is in a dark and dangerous place and I need to explain to her what her options and choices are and what it would mean (in practical terms) if she was to go down this route. Like I said before, please any advice or experiences would be gratefully recieved.

I really could do with some PH power right now!

Cheers

[Stang]

Best course of action is a solicitor. (but I could be wrong) I had something drawn up against my ex when I was going through the divorce. Shame if the Police are not "having a word" with this person.

Good luck. Not a nice thing to go through.

[Pupp]

drivin_me_nuts said:

sparkythecat said:

Perhaps if you told us who it is that you want to restrain and what it is you want to restrain them from doing, we could better advise you.

For instance Do you want to restrain some multi national company from illegally using your intellectual property in an international advertising campaign, or do you just want to stop your neighbour's dog stting on your lawn?

A person: Violence, threats of assault, death. Mental, verbal, psychological assault, stealing property, actual and physical assault. Nasty nasty man who plays the system in every way that is possible.

Any practical advice welcome.

Police first. Get it logged so that any call in from you is graded a priority for response. If you make a complaint of crime (and the stuff you describe amounts to several), be prepared to stand by it, including for making statements/attending court if/when needed.

Then solicitor. You want a litigator, maybe a family specialist depending on the circs; I'd suggest ringing a few of the bigger firms in your area as they'll have more resources available. Be prepared to map out the basics and include the aggravating factors/and that you're in fear. They will need to check they don't already act for your 'friend' so no conflicts of interest arise. If money is an issue, ask about public funding/community legal service possibilities.

Any proceedings the police bring (through the CPS) will be in the Magistrates court where criminal cases are generally commenced, your solicitor will make any applications needed (for an injunction or whatever) in the County Court, which has civil jurisdiction. Hearings for either can be arranged very quickly but the civil side will generally progress much faster for something like this. Again, statements will be needed (your solicitor will prepare for you from your explanations of what's occurring) but you may well need to attend court in order to verify what's claimed.

Don't be intimidated, there's loads of help out there.

[drivin_me_nuts]

Pupp said:

drivin_me_nuts said:

sparkythecat said:

Perhaps if you told us who it is that you want to restrain and what it is you want to restrain them from doing, we could better advise you.

For instance Do you want to restrain some multi national company from illegally using your intellectual property in an international advertising campaign, or do you just want to stop your neighbour's dog stting on your lawn?

A person: Violence, threats of assault, death. Mental, verbal, psychological assault, stealing property, actual and physical assault. Nasty nasty man who plays the system in every way that is possible.

Any practical advice welcome.

Police first. Get it logged so that any call in from you is graded a priority for response. If you make a complaint of crime (and the stuff you describe amounts to several), be prepared to stand by it, including for making statements/attending court if/when needed.

Then solicitor. You want a litigator, maybe a family specialist depending on the circs; I'd suggest ringing a few of the bigger firms in your area as they'll have more resources available. Be prepared to map out the basics and include the aggravating factors/and that you're in fear. They will need to check they don't already act for your 'friend' so no conflicts of interest arise. If money is an issue, ask about public funding/community legal service possibilities.

Any proceedings the police bring (through the CPS) will be in the Magistrates court where criminal cases are generally commenced, your solicitor will make any applications needed (for an injunction or whatever) in the County Court, which has civil jurisdiction. Hearings for either can be arranged very quickly but the civil side will generally progress much faster for something like this. Again, statements will be needed (your solicitor will prepare for you from your explanations of what's occurring) but you may well need to attend court in order to verify what's claimed.

Don't be intimidated, there's loads of help out there.

thank you so much for your reply. Anything at this moment will help. It's been one hell of an evening and one that cannot be repeated.

[Stang]

drivin_me_nuts said:

I realise I posted this late but if anyone is about who can reply in the morning I will be very grateful. I am doing this on behalf of someone who is in a dark and dangerous place and I need to explain to her what her options and choices are and what it would mean (in practical terms) if she was to go down this route. Like I said before, please any advice or experiences would be gratefully recieved.

I really could do with some PH power right now!

Cheers

Good on you for helping. No one wanted to get involved or gave much support when I was getting greif (apart from my parents)

Keep giving your friend support. She will need friends around her just now.

[H_Kan]

Don't know much on the topic. But the first step would be the police, because this means there is a trail of your friend reporting her fears prior to seeking a court order.

Then go and speak to a solicitor, I'd imagine some family lawyers would have experience with this. Generally when it comes to things like this, they are fastracked through the court system so should be sorted quickly enough. I have no idea how well they are enforced, but breaching it should get Plod into action sharpish.

Finally, in the short term I'd suggest the friend stays with you for week or 2 it'll take to get sorted, that way she is out of harms way and you can help her along with this procedure. Better safe then sorry imo till you have the order in place.

[drivin_me_nuts]

H_Kan said:

Don't know much on the topic. But the first step would be the police, because this means there is a trail of your friend reporting her fears prior to seeking a court order.

Then go and speak to a solicitor, I'd imagine some family lawyers would have experience with this. Generally when it comes to things like this, they are fastracked through the court system so should be sorted quickly enough. I have no idea how well they are enforced, but breaching it should get Plod into action sharpish.

Finally, in the short term I'd suggest the friend stays with you for week or 2 it'll take to get sorted, that way she is out of harms way and you can help her along with this procedure. Better safe then sorry imo till you have the order in place.

thanks for the advice. Staying is not an option really. For work, integrity, professional reasons it's not an option.

[The Undertaker]

There should be sufficient there for an arrest methinks as you did state in your post that there had been Threats to kill. It is only required in law that the person who these threats are directed towards believes that the threat will be carried out. So, firstly get the Police involved asap. Your friend should make it crystal clear that she is in mortal fear. Obviously if there have been any previous occasions where she has been subjected to physical abuse by the person issuing the threat to kill then this will reinforce her complaint. Make sure she gets the details of the cop dealing and if no action is taken then I would suggest escalating this up to a complaint against the officer through an Inspector firstly, and then if no luck, higher up the chain. I have been on the end of this before an it aint pleasant so get it reported asap, then keep on top of the officer dealing for daily updates. Good luck.