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Legal matters

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does anyone have experience of seeking a restraining order?

12 replies

restrainingorder · 22/03/2021 12:47

Hi mumsnet, I would really appreciate some help.
We have a long term tenant (long lease that can't easily be forfeited unfortunately) who doesn't live here but keeps the flat anyway. He is controlling and abusive - essentially my solicitor said it would be coercive control were it a domestic relationship. It's been going on on and off since 2009.
He will go on trial next month on criminal damage charges (he came to the property and threw something of ours across the garden, breaking it) . My partner eye-witnessed the incident - I didn't - so the plan has been that I wouldn't have to go and give evidence which as you can imagine I was very pleased about.
However, now the CPS has suggested seeking a restraining order. I am, I guess, pleased that they are finally taking things seriously but the thought of the process for getting it is daunting, to say the least. I haven't really looked into it yet but I guess I would have to bring up the past and go to court and face him there :(.
Does anyone have any experience they can share?
My biggest concern is that we don't get it and then he seeks retaliation in some frightening manner.

OP posts:
restrainingorder · 22/03/2021 15:36

bump

OP posts:
restrainingorder · 22/03/2021 16:02

hmm, there is no shortage of posts urging people to "seek a restraining order" on the board but I can't see many practical examples!
hoping someone will show up soon.

OP posts:
LilyMumsnet · 22/03/2021 17:44

We're just moving this over to legal matters for the OP. Flowers

BJHair · 22/03/2021 22:04

My husband and I have a lifetime / indefinite restraining order against an ex neighbour

But this was done through the crown court and part of his conviction so we didn’t actually have to do anything

restrainingorder · 23/03/2021 08:33

@bjhairThat’s exactly my position.

May I ask - was the evidence of harassment the same as what was used in the prosecution of the main offence?

I’m confused about how to get evidence of harassment in as he is “only” being prosecuted for criminal damage. There is hard evidence but it’s not in proceedings yet.

OP posts:
BJHair · 23/03/2021 08:56

It was only about 6 -7 reports over 5 years to the police about the neighbour but they took that into account and what happened on the day as well
Neighbour ended up in prison on remand for 3 months slap bang in the middle of Covid so you can only imagine what he did

restrainingorder · 23/03/2021 09:05

sympathies, I have a covid-crazy ex-neighbour too.

We had been to the police twice before but they ignore us.

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Iamaperiwinkle · 23/03/2021 22:14

Normally you have to apply to the courts for a non-mol order. The police do them as well, so if he does anything else -ask the police to seek one.
But see here
www.gov.uk/injunction-domestic-violence

restrainingorder · 24/03/2021 08:06

Thank you periwinkle. I appreciate it.
It’s really hard to absorb that this is part of my life.

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BJHair · 24/03/2021 10:09

You can also report to 101 but ask them not to contact the other person in case of retaliation but you will have it on record for the future .
That’s what we did
So when he really kicked off last year and this guy went absolutely batshit crazy they used the previous reports as evidence .
He pleaded guilty eventually so we didn’t need to go to court and everything was on CCTV
The restraining order was part of his sentence

However yesterday one of his relatives who’s probably pissed of having to deal with his “forced eviction” was shouting at my husband saying “one day he would get him”

Stupid asshole to do that because as part of the restraining order it was worded with something like “ t Mr X can’t contact us in any way - including other directly or indirectly

So we can only assume that as we don’t know this guy he was shouting at us on behalf of Mr X 😂😂
So we reported it to the police and because of the restraining order they will go and speak to Mr X and give him a nice warning as he’s on on a suspended sentence. so they could in theory take him back to prison but I don’t think they will but it will piss him off 😂
Plus we have it on CCTV so absolutely no issue with proving it
If you live there I would highly recommend getting some form of CCTV
We have 3 professional fitted cameras and a ring doorbell . Ours with our next door neighbours covers the whole street .
Even that didn’t stop the asshole from kicking off but because it was all on CCTV he was screwed

Cleverpolly3 · 24/03/2021 10:50

If you have cctv I think you need to state it is in operation on your property

BJHair · 24/03/2021 11:08

@ Cleverpolly3
I didn’t have any signs up mentioning CCTv neither did my neighbours
The police still used it for evidence and we were never told that we needed to have it
I’m pretty sure if it was illegal my crazy neighbour would have used that against us as it was mainly the CCTV that proved what he did .
I do have a small sign now saying CCTv but my cameras are quite big 😂and obvious

But Lots of people have ring doorbell systems and don’t put up signs about CCTv

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