How to obtain a restraining order?
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Hey I'm not really sure about how this all works.
Basically a few years ago my mum was a witness against the person in question as he was attacking his girlfriend in the middle of the road, kicking her head etc and that statement she gave contributed to him being convicted for it but he wasn't jailed for it and was given some kind of community order or suspended sentence I don't know exactly. Well anyway eversince he is always verbally abusing us both and can behave in a threatening manner and this evening he threatened to break our window to come into the home, refused to move from outside of our garden fence and was being generally abusive and threatening I called the police but they weren't very helpful and this morning he was stalking me on the way to college. He can be really intimidating to the point we won't no longer go in the road he lives in.
So what I'd like to know is what exactly does this restraining order do and how do I go about obtaining it and what would happen if he breaks it.
replies would be greatly appreciated.
Basically a few years ago my mum was a witness against the person in question as he was attacking his girlfriend in the middle of the road, kicking her head etc and that statement she gave contributed to him being convicted for it but he wasn't jailed for it and was given some kind of community order or suspended sentence I don't know exactly. Well anyway eversince he is always verbally abusing us both and can behave in a threatening manner and this evening he threatened to break our window to come into the home, refused to move from outside of our garden fence and was being generally abusive and threatening I called the police but they weren't very helpful and this morning he was stalking me on the way to college. He can be really intimidating to the point we won't no longer go in the road he lives in.
So what I'd like to know is what exactly does this restraining order do and how do I go about obtaining it and what would happen if he breaks it.
replies would be greatly appreciated.
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Comments
Call the Duty Inspector, definitely.
ETA: I had a quick Google, and it seems your first step is a solicitor. Try Community Legal Advice first - they're pretty good, and open from 9am to 8pm: 0845 345 4 345.
That guy has a history of violence against women, and you're a young woman. I'm still totally angry that the police wouldn't help. Make sure you explain to the Duty Inspector your history with the guy, so he/she's got a full picture. I'm certain they won't just leave you to handle this. If they do, you should get onto the Complaints dept - for my local police, it's on the website. Good luck.
It's terrible that you have to do this first rather than get treated well initially. He might even be out on warrant and they may be able to arrest him and take him to jail for doing this to you.
Hugs Hon!
the Solicitor will arrange an urgent hearing in court. The magistrate will likely grant a temporary injunction with a view to inviting the other party to give his version at a later date. If the other party either doesn't turn up or doesn't offer a good enough case that he should be allowed near you then the order will be rubber stamped. A copy will be sent to the local Police Station.
If the other party comes near you, you should immediately call the Police and they are duty bound to arrest him for a breach of the court order. He will then have to appear before a magistrate to explain himself.
I would also consider speaking to victim support - although your mum was not the original victim she is now being victimised as a result of giving evidence and so are you.
The police were happy enough for her to give evidence and they must get involved in any fall out from that.
You can also go down the civil route as explained by cosmo (good post). I personally would explore both avenues.
I hope this gets resolved for you and your mum.
Good post. The diary is essential is any harassment, nuisance cases. Write down exactly what happened and just as important how it made you feel (scared for your safety,l too anxious to go outside etc).