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Legal matters

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DV and harassment

7 replies

donajimena · 04/02/2019 20:38

My friend doesn't use MN so I'm posting on her behalf.
She asked her abusive husband to leave two years ago. At first he saw the children but used the opportunity to call her names and abuse her. He's become increasingly hostile as have his family who have also sent her abusive messages.
There was an incident over Christmas where he made the children cry so she has stopped contact for the sake of the childrens wellbeing. It is also rumoured that he is using drugs but she has accepted that this is hearsay.
No court order in place but she would actually prefer this to go to court as the children are of the age they would have their wishes respected.
He keeps turning up at her house and posting notes. He writès on her car , phones the children crying and this evening tried to take her youngest in his car but she ran home.
She has involved the police who said they would speak to him. The next morning a note to the children said the police won't keep me away from you.
The police have told her it is a civil matter? Is this correct?
Also as a lot of the contact is via notes for the children is this still harassment?
There is a lot more such as being abused in the street by him but of course he's careful not to have witnesses (the children have witnessed it though)
I'm increasingly worried as is she as his behaviour is becoming increasingly erratic and is escalating but the police don't seem to want to know.

OP posts:
staydazzling · 04/02/2019 20:42

im suprises at the police response BUMP hope more experienced advice, for you x

donajimena · 04/02/2019 20:44

Thank you x

OP posts:
JiltedJohnsJulie · 04/02/2019 21:04

I'm not legally trained but even I know there are laws about https://www.citizensadvice.org.uk/law-and-courts/discrimination/what-are-the-different-types-of-discrimination/harassment/harassment.

I think your friend might find getting an Child Arrangement Order in place and she may be able to apply for a Non-Molestation order at the same time.

She may be eligible for ]https://www.gov.uk/get-help-with-court-fees help with any court fees]], so that's worth looking into.

She does sound like she's having trouble navigating all of this though and the Court process can be quite daunting so she might need your support Thanks

donajimena · 04/02/2019 21:24

Thank you. It seems a non molestation order is the way to go. It says you can apply for an emergency one. Does anyone know if its ok to use that given his erratic behaviour? She has changed all phone numbers now so I'm worried this will cause an escalation.

OP posts:
JiltedJohnsJulie · 04/02/2019 21:46

I think the best way to find out if she can get one is to try. Could you both go to the County Court tomorrow?

She really needs to get an order in place for the children too.

If there's no order saying they live with him, he can take them and there's very little she'll be able to do.

donajimena · 04/02/2019 22:11

I was worried about that too. I'll help her tomorrow. Thank you.

OP posts:
pigletpie2177 · 04/02/2019 22:21

She can ask the police to crime it as harassment and they can apply for a restraining order at court, but a family court could impose a non-molestation order instead/as well. Breach of either order is a criminal offence.

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