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Legal matters

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How easy is it to get an injunction against someone?

4 replies

Aspiringmatriarch · 18/12/2020 14:16

Hugely complicated family situation that I could probably write a dissertation on and still not cover everything, but to cut a long story short, my partner's brother is off the rails, has enormous problems with money and regularly flies into a rage and does things including:

  • vandalising MIL's car and other property
  • running up fines and passing them on to MIL
  • contacting DP's work with a fabricated complaint about him
  • adding DP as a director of his company without consent
  • continually asking MIL for money (in the thousands)
  • asking where exactly I work (in a context which implied he was planning to try and cause problems for me)
  • verbal abuse
  • threats of violence

Unfortunately the majority of his behaviour is targeted at MIL (financial abuse, verbal abuse and property damage), who finds it very difficult to say no to him. I'm 99% sure she wouldn't pursue any legal avenues to protect herself.

With my partner it's more a case of intermittent diatribes against him and trying to cause problems, manipulation, threats. He's just very unstable and I'm anxious about what he may do next.

I wondered if there's any legal action we could take to protect ourselves from either harassment or any type of fraud?
Does it have to be worse than this to justify an injunction and is DP weakening his case by communicating with his brother?

It's very sad as we love him and want him to seek help, but he seems to be a long way off doing that. He's lashing out, getting into huge difficulties financially and being very underhand in trying to dig himself out of a hole. There's more to it including legal stuff but I think this is already potentially very identifying. Please advise if you can.

OP posts:
MrsBertBibby · 18/12/2020 15:51

You would be able to seek a non molestation order against him for you and your partner, but you need to be sure that you would pursue any breach, which means criminal charges against him. Would your partner do that? Would their mum be OK with that?

I think there is more to be said about the abuse your MiL is taking. It is hard to help anyone who won't take action for herself, but perhaps your local authority's vulnerable adults team could assist?

Ballstothis148 · 18/12/2020 16:02

Hi OP - on the director issue, see here: www.gov.uk/guidance/report-a-company-using-your-personal-details-without-your-permission

If the brother is himself a director of these companies, and is doing this maliciously (and you have proof), you may be able to have him struck off as a director. See www.companyrescue.co.uk/guides-knowledge/guides/directors-disqualification-explained-3737/

Aspiringmatriarch · 18/12/2020 21:26

It's his (the brother's) own company. He wants DP as a director so he can borrow more money. MIL just wants to sweep it all under the rug, she's being abused as well but is now angry with DP for taking a stand. We're worried he will bleed her dry, she isn't used to running her own finances (recently widowed) and has always bailed the brother out to her own detriment, but the demands never seem to stop. As soon as he has money he's spent it on something, and he's robbing Peter to pay Paul. But what can we do? She won't say no to him and is now making DP out to be the bad guy. It's put him under so much stress he's physically unwell and exhausted but she just keeps calling and they go round and round in circles.

OP posts:
Aspiringmatriarch · 18/12/2020 21:28

We're seeking legal advice. It's probably too complicated for an online forum but thank you for the replies! It's just a bit of a nightmare with ingrained behaviours he's never really been pulled up on.

OP posts:
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