restraining orders in the uk?

Question

i really want to get a restraining order against a fmaily member, i have had threats etc, but i have no proof whats so ever of this, the only thing i have is a police call out last year when the boyfriend of my famliy member put a brick through my house window, of course they couldnt and i couldnt prove it was him either although he later went on to tell my family that yes it was him, can i try and get one without any evidence, am i likely to get one. i fear for my safety as this man is known to hit women, and i fear for my house because of what he did before?
if anyone could be of any help, i thank you lots xx

the threats are direct to myself, they send these threats through other people, friends of mine and family

Answer 1

Go to a Citizen's Advice Bureau and ask. Getting these orders is more easy than you think, as the court often take the view that there's more risk in not granting you one if you're right than there is in making one if you're not.

Answer 2

I would suggest you talk to the police and get the threats recorded. These could be criminal in themselves, even if you can't prove them.

Talk to a solicitor. You will need one anyway to assist you if you decide to take this action. They should provide an initial consultation for free.

If you are on a low income, you may be entitled to legal aid.

Other things you could consider are:

Whether there are other family/friends who are aware of this behaviour and prepared to corroborate your allegations

Have they threatened anyone else?

Keep a record of any texts, phone messages, notes etc as these can be used if they can be traced back to them.

You don't state the reasons why you are being threatened and intimidated.

My first action would be to talk to the police. They may also be able to put a 'marker' on your address if you believe you are at risk from this person. That way you will be given priority if you dial 999. Try to keep a diary of any incidents - what happened, when, where, who was there and what was said or done.

You can do some things to protect your property which may discourage any action against your home. Motion detectors can be fitted to turn on security lights (I believe there is also a system available which links a camera to your VCR which can also be set to a motion detector outside and records anyone that comes to your house). A false camera fitted in a prominent postion with signs advertising CCTV can also be a deterent. All these are quite costly though and don't resolve the real problem.

Good luck and I hope you get it sorted, one way or another.

Answer 3

There is some confusion, in my mind at least, between your fear of your family member and your fear of your family member's boyfriend. Presumably you want to apply for a restraining order against both of them? However, in order to achieve this, you need to collect evidence. You speak vaguely of threats. You must note the exact nature of these threats and the dates, times and circumstances of their being made. You must call evidence from the family member who was told about the brick throwing episode. Put together concrete facts before approaching the court, as unless you have a good solid basis for your application, it won't be granted and the persons you fear might turn even nastier as the result of your taking them to court. Remember that if threats are made to you which put you in fear, this is a criminal matter which should be reported to the police. Note the details carefully and ask the police to intervene.

I wish you every success in sorting things out. It sounds a nightmare situation.

Answer 4

Your first port of call has to be the Police. You need to make an official complaint about who the restraining order would be against.In the first instance,you need all information available to you, in which case you can go to your nearest Citizens Advice. They will help you through the legal minefield,BEFORE you make the decision to go ahead,and they will be able to advise as to whether it would indeed be able to go for a restraining order.Your rights will be fully explained before going to the police.If of course you feel you are in danger,then call the police immediately.
Restraining Orders have to be made under a certain category,ie,Harassment,and so on.

Answer 5

Record threatening phonecalls, get a security camera on your house, and if you ever get threatened in a public place where CCTV cameras are used ask for a copy of the footage and carry a dictaphone to record threats.

Answer 6

Make sure you keep a diary of all the threats and let the police know what is happening.

http://www.cps.gov.uk/legal/section5/chapter_e.html

Answer 7

just keep ringing police everytime something happens it all gets logged so they will see that if you go for 1 all you have to say is you fear for your life i was told that by firend copper