you cant get an ASBO against someone, it has to be applied for by the local authority, either the county council or the police.
They get a list of incidents alleged against the person, and provide evidence towards each of these complaints.
They have to justofy to a court that other manners of dealing with this person were insufficient, and that the ASBO is necassary and justified.
Then a magistrate or judge will decide whether to grant it.
However if you want to get a civil injunction against somebody you can apply for one through the Civil courts.
For this you have to provide and evidence alist of complaints against the person, and what conditions you want placed against them and why.
The evidence hace to be more than your say so (evidence means, that which is seen)
and it has to be corroborated by police reports or witnesses or cctv etc
2007-06-07 03:59:43
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answer #1
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answered by the mofo 4
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ASBOs were introduced by Section 1 of the Crime and Disorder Act 1998 and first used in 1999.
Anti-Social Behaviour orders can be implemented against any individual who is over the age of ten (10) years.
ASBO’s can only be ultimately successful when they are based on an action which is in partnership with all the relevant agencies (the police, local authorities, youth offending teams, registered social landlords, etc).
Anti-social behaviour has a wide legal definition – to paraphrase the Crime and Disorder Act 1998, it is behaviour which causes or is likely to cause harassment, alarm or distress to one or more people who are not in the same household as the perpetrator. Among the forms it can take are:
graffiti – which can on its own make even the tidiest urban spaces look squalid
abusive and intimidating language, too often directed at minorities
excessive noise, particularly late at night
fouling the street with litter
drunken behaviour in the streets, and the mess it creates
dealing drugs, with all the problems to which it gives rise.
All these are issues which concern everyone in the community. They cannot be written off as generational issues – they impact on the quality of life of young and old alike.
Acceptable behaviour contracts are voluntary agreements made between people involved in anti-social behaviour and the local police, the housing department, the registered social landlord, or the perpetrator's school. They are flexible in terms of content and format.
ASBOs and ABCs draws on the experience of police services, local authorities, youth offending teams, and other organisations. It is intended for use by practitioners – people with a professional responsibility for tackling anti-social behaviour, whether they represent local authorities, the police, youth offending teams, registered social landlords, prosecutors, the judiciary, or any other agency which seeks to tackle the problem of anti-social behaviour.
In summary, to have an ASBO issued, it will require the relevant agencies to jointly work together and to agree to the issue.
2007-06-07 10:02:37
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answer #2
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answered by essex_reject77 3
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Record all incidents which you witness which are of relevance. Get neighbours to do likewise. Keep complaining to the police each time something occurs. It is their job to take people to court and then the task of the court to make an ASBO where the circumstances justify it.
For all you know, this person may already have made a few court appearances. Your complaints could be the last pieces in the jigsaw. Keep complaining!
2007-06-07 10:13:54
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answer #3
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answered by Doethineb 7
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I don't think you can just go ahead and do this. It sis a next to last resort. after police cautions injuctions etc
If you are financing yourself it will be expensive so see the appropriate authority first usually the police. It will not be done this month and you will have to do a lot of work to help build up a case
2007-06-07 09:47:43
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answer #4
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answered by Scouse 7
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Only the police or council can issue an ASBO.
Keep a diary and complain a lot to the relevant authorities
2007-06-07 09:44:11
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answer #5
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answered by ALLEN B 5
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keep reporting things to the police, then take a report to the council, then the council does the rest, all the best
2007-06-07 11:08:22
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answer #6
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answered by sarah1962 5
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