Can I Get An Injunction?

[thecookiemonster]

This might be long as it's a very complicated situation but here goes:-

 

Up until recently i was living in a flat and my kid was staying with me a lot of the time and i was getting Income Support, Child Tax Credits and Child Benefit.

 

Me and the kids mum got on ok as friends, However 3 weeks ago she got with a new bloke and things started changing.

 

On Saturday night i had my kid and my stepkid at my house and me ex and her boyfriend turned up unannounced (my ex was due to come round on her own and collect the kids on the Sunday.) They demanded i let the kids out and i went to open the door and her boyfriend started trying to kick the door down so i refused to let them out as i didn't want them seeing violence and i was concerned about my safety i called the police (who did very little) and when they came i let the kids out and then they went so the police coming prevented any attack.

 

Since then i haven't felt safe and i am staying in a very cheap bed and breakfast, I just can't put myself in danger and go back there, I haven't made myself intentionally homeless i've been forced out of my own home.

 

Also i have been told that the guy is still making threats and saying he is going to do things to me so i was right to get away from there only thing is i have no family here and my possessions are there and i might end up losing them.

 

Also my kids mum has said i cannot have my kid again and for no particular reason, Also she said that she is transferring my child benefit and child tax credits into her name which will cause my income support to stop which will then probably stop my housing benefit so i will have no income as well.

 

I want to go back down south and go closer to my family, I have health problems such as Depression, Anxiety Disorder, Panic Attacks and Asthma.

 

I am worried about living on the streets as i am almost out of money, I intend to go closer to my family and approach a few councils i just hope i don't get left to rot on the streets.

 

I didn't want to be homeless and i haven't made myself intentionally homeless but i don't want to be a sitting target and putting myself in anymore danger.

[totiesquoties]

hi cookiemonster,

 

sorry to read your sad posting, my opinion only, if you want to go down south closer to your family then, do so if you can, you sound as though you would be a lot happier, and as far as your children are concerned you do have fathers rights to see them, there are some solicitors now that offer mediation, it might be worth seeing if you could have the first half hour free chat with them, they may be able to advise you, or should be able to advise you of your rights on all the threats about your benefits being stopped by your ex, etc.

could you get anyone to go and collect your possessions from your previous flat for you, you obviously feel very threatened by your exs new boyfriend, and understand why you want to get away, life is too short, so be happy, and if that means moving down south, then do it, if you are able to, speak to your family there and tell them your situation, if they love you, i am sure they do, they will help you,

god bless, totiesquoties.

Edited March 21, 2011 by totiesquoties
spelling correction

[thecookiemonster]

hi cookiemonster,

 

sorry to read your sad posting, my opinion only, if you want to go down south closer to your family then, do so if you can, you sound as though you would be a lot happier, and as far as your children are concerned you do have fathers rights to see them, there are some solicitors now that offer mediation, it might be worth seeing if you could have the first half hour free chat with them, they may be able to advise you, or should be able to advise you of your rights on all the threats about your benefits being stopped by your ex, etc.

could you get anyone to go and collect your possessions from your previous flat for you, you obviously feel very threatened by your exs new boyfriend, and understand why you want to get away, life is too short, so be happy, and if that means moving down south, then do it, if you are able to, speak to your family there and tell them your situation, if they love you, i am sure they do, they will help you,

god bless, totiesquoties.

 

Thank you for you're message.

 

The problem is my family cannot put me up so i am now homeless I am hoping that a Council down there somewhere might be able to put me into emergency housing or something? I feel vulnerable as it is on living on the streets isn't going to do me any favours with my health problems.

[totiesquoties]

www.shelter.org.uk see this website for london area too, hope this helps, totiesquoties.

telephone 0808 800 4444 give free advice too on housing, etc. times open 8a.m. to 8.p.m. mon to fri and sat and sun 8a.m. to 5p.m. they help finding housing and somewhere to sleep.

Edited March 22, 2011 by totiesquoties

[thecookiemonster]

I had some trouble with my ex's new partner about 6 weeks ago and he was making threats and trying to kick my door down, I rang the police but they didn't do much.

 

I moved town's to somewhere 3 hours away and last night he turned up at my parent's house and left my ex's 2 dogs in my parents garden and was swearing and everything.

 

I don't think it's normal behaviour to travel 6 hours in total to do something like that especially when the dogs had always lived with my ex even when we split up over a year and a half ago.

 

He thinks I live with my mum and dad, When I moved here 5 weeks ago I did stay with my mum and dad temporarily but I have now moved into my own place.

 

I think it's out of order how he behaved when he came to property 6 weeks again and was being violent infront of kids and I think it's wrong that he is now turning up at my mum and dads house causing trouble.

 

I have kept a record of everything and I am seeing a Solicitor within the next 2 weeks because I had a demand for a Divorce through the post recently.

 

Thanks.

Edited April 22, 2011 by thecookiemonster

[Sidewinder]

If there is violence or a threat of violence then the Police must act, and even where violence towards you or your parents is not the intention, the Police should still attend in order to prevent a breach of the peace, or to investigate criminal damage (if doors are being kicked etc). This needs to be escalated within the force as a formal complaint if they have refused to attend where there was a real fear or belief that either of these occurred.

 

An injunction is difficult through the criminal process unless there is actual or threatened violence, but you could always look at a civil injunction or a non-molestation order. Hopefully somebody else will know more, but I am sorry to hear that you are going through this and hope that things get sorted quickly.

 

There is quite a lot of information here - http://www.womensaid.org.uk/domestic-violence-survivors-handbook.asp?section=000100010008000100330002

Edited April 22, 2011 by Sidewinder
Added link

[perplexity]

It is an assault, a criminal offence, to make threats and try to kick a door down so a police caution, if not an actual prosecution would have been in order. If not logged, at least, as a report of a crime your best bet is probably a complaint to the Independent Police Complaints Commission.

 

I have had to complain a couple of times and been satisfied with the result because the Police take it seriously; a black mark against their record affects an Inspector's chance of promotion.

 

On the other hand, it takes time for a complaint to be investigated, so if in more of a hurry, why not prosecute privately? The manager of your local Magistrate's Court should help, to explain what to do. Basically, you have to explain yourself to a Magistrate in order to send a summons if the Court agrees.. The likely outcome is then that the Crown Prosecution Service takes over the case as soon as they know.

[thecookiemonster]

Well the night he was kicking my door in and making threats I called the Police and they came out but they did nothing literally, No caution, No arrest for Violence or Criminal Damage.

 

Now he seems to be dragging my family into it and it's totally unacceptable.

Edited April 23, 2011 by thecookiemonster

[raydetinu]

the quickest way is to apply for non-molestation order, you will need some documentory evidence, or witnesses to back up claim. usual cost about £500.

Or if yu know whee he lives get a solicitor to write a letter to decist or further legal action will be taken, sometimes works!.

Also keep calling the Police and making complaints to them., they may detain him for a bit and warn him, but dont usually do any more unless violence or damage is involved.

[philipsteele]

i think better consult a good lawyer and make clear all the doubts..