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Original poster

Anyone know all the ins and outs of getting a restraining order?

17 replies

Dalrymps · 14/04/2009 15:32

Basically I need to get a restraining order against my own parents. Yes, I know it sounds ridiculous but it really is my last resort. It's too long a story to go in to but they are very toxic and turned up at my house (even though I hadn't given them my address?!) on easter sunday and were screaming through the letterbox whilst my ds 17mo was ill in bed

We had to call the police in the end as they refused to leave. This is not the first time this has happened, the 'situation' has gone on for nearly 4 years now. I have two brothers, they are not in contact with my parents either and they too have been harassed and 'stalked'. I am currently in counselling for all the problems they have caused me.

I asked the police man about it and he said to speak to my solicitor and we can go from there. I don't have a solicitor as such, have only ever used them to move house.

My questions are...

How much is it likely to cost?
How long will it take?
What happens if they break the restraining order and turn up again anyway?

I tried to call my local citizens advice bureau but they said they don't have enough volunteers to take my call and I can't leave a message.

Any advice gratefully appreciated, thanks.

OP posts:
theDreadPirateRoberts · 14/04/2009 15:33

Bumping

Original poster
Dalrymps · 14/04/2009 15:35

Thanks

OP posts:
Original poster
Dalrymps · 14/04/2009 15:36

By the way, can I just say you seem lovely. I have been following the starsandstripes thread, you have been so helpful to her

OP posts:
MuppetsMuggle · 14/04/2009 15:37

bumping

theDreadPirateRoberts · 14/04/2009 15:40

And blushing

Original poster
Dalrymps · 14/04/2009 15:48
Smile
OP posts:
Original poster
Dalrymps · 14/04/2009 16:13

Bumping again....

OP posts:
pooka · 14/04/2009 16:15

Bumping. Sure that there will be someone who knows the ins and outs.

vonsudenfed · 14/04/2009 16:18

I don't know the answer to any of your questions, but what I do know is that a lot of solicitors will give you the first half hour consultation for free. So if you cast around locally, you should be able to find someone who can give you decent legal advice, and then decide what you do from there. If I were you I'd talk to one or two and then go with whoever seems most expert, but also sympathetic.

And for you, it must be awful. My parents are mad and irritating, but this is in another league altogether.

ladyhelenatealltheeggs · 14/04/2009 16:21

Are there more than two incidents in the lat six months where their behaviour has caused you alarm or distress? There doesn't have to be any threats but just general behaviour towards you that is distressing and where they should realise is distressing? If so, you could make a further report to the police under the protection from harrassment act and they could be prosecuted for harrasmment. If so, the court have the power to make a restraining order against them as part of a sentence ( not nec prison!!!). Of course this means possibly going to court to give evidence if they were to contest anything you say. The police, as a first step, may also give them a Harrassment Notice, which basically says stop your behaviour or you will be prosecuted. Could do the trick? I am a criminal lawyer so can't really give you any pointers on a civil restraining order but HTH? Good luck. What an awful situation to be in.

vonsudenfed · 14/04/2009 16:22

Oh, and a lot will depend on whether or not you're eligible for legal aid.

Original poster
Dalrymps · 14/04/2009 16:31

ladyhelen - Thats a difficult one because up until christmas I hadn't spoken to them for 3 years. I moved house, changed my mobile number etc. I got back in touch with them to see if they had could change for the sake of meeting their grandson. They couldn't .

I suppose they upset me when I called to say 'happy mothers day'

They then left 3 insulting and upsetting answerphone messages on my mobile 2 weeks after that.

Then a week after (easter sun) turned up at my house.

I suppose thats 3 seperate incidents in the last month but nothing compared to what they were doing 4 years ago before I broke contact. Back then they turned up at my place of work and had to be removed by security. They left numerous distressing,threatening messages on my phone,dh's phone etc, called my pils, turned up at my pils house and the police were called, left notes through pils door, send birthday cards full of uinsulting rubbish etc etc

OP posts:
Original poster
Dalrymps · 14/04/2009 16:32

forgot to say - vonsudenfed - Thanks for that, will look in to it

Thanks for all the bumps ladies.

OP posts:
ladyhelenatealltheeggs · 14/04/2009 16:36

I hope it gets no worse than what happened on Sunday, but just in case, and you do want the police involved again, keep every message. Just the messsages can be enough. Poor you to have to go through this with your own parents.

Original poster
Dalrymps · 14/04/2009 16:40

Thanks ladyhelen, I have been keeping a note of how it has made me feel/how it is affecting me iyswim. Will keep messages too.

OP posts:
babybarrister · 15/04/2009 12:31

This reply has been deleted

Message withdrawn at poster's request.

Original poster
Dalrymps · 15/04/2009 14:43

Thanks babybarrister, will check that out

OP posts:
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