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Restraining Order / Injunction

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  • Restraining Order / Injunction

    Hi,

    Is it possible to apply through the civil courts for some kind of restraining order / injunction / anti-contact/harassment order?

    Is there a specific application form that should be completed for this?

    Any help would be much appreciated.

    Legally Blonde



    Tags: None

  • #2
    Q1. Yes

    Q2 - https://www.gov.uk/government/public...part%20of%20it
    Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Thank you.

      Before I had seen your reply, I found this link: Form N16A: Application for injunction (General form) - GOV.UK (www.gov.uk)

      Is that for a different kind of restraining order / injunction, or can either form be used generally?

      Comment


      • #4
        Originally posted by atticus View Post
        What is the difference between form FL401 and form N16 (General application for Injunction)?

        I just want to make sure I complete the correct application form.

        Comment


        • #5
          It would be greatly appreciated if somebody could answer my question asap, as would like to get this done asap and do not want to make a mistake filing wrong application?

          Thank you

          Comment


          • #6
            FL401 is a family court form whereas N16 is the form to be used for civil court claims.

            Court Forms are usually denoted using abbreviations to identify which area of law they relate to. For example FL forms will typically be denoted with FL and civil court forms are mostly denoted with the letter N with the except of some that may be denoted with other letters such as PF.

            N16 is the way to go if you are bringing your claim in the County Court. It is a little worrying that you are seeking to start proceedings as quickl as possible and that may very well be your downfall together with a costs order (potentially a very expensive costs) order made against you if you do not get it right. I would urge caution and make sure you do your research and read the Civil Procedure Rules relevant to your claim as there may be specific protocols or steps you have to comply with.
            If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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            LEGAL DISCLAIMER
            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

            Comment


            • #7
              Great, thank you so much for that info - Yes it would be the N16 form I need to complete then.

              Would it be an "Injunction" or a "Non-molestation" order that I am asking the court for? Are they both the same thing, or does the term non-molestation only apply for family cases?

              This person has been stalking and harassing me for a long time now and has also employed their friends & associates to harass me on their behalf. Even when I moved address and told virtually nobody my new address, they somehow managed to follow and trace where I have moved to and have continued stalking and harassing me. This has included malicious communications made about me to my new neighbours, slandering and defaming me with lies and false allegations. This is causing me hell and a living nightmare and is severely affecting my health. I am living in fear and scared to leave my home, constantly looking over my shoulder. I am now being forced to move home again because of this.

              This person is also pursuing a malicious court claim against me which is still ongoing. It may take many more months to resolve the court claim. In the meantime I am concerned that if I move address again before the court claim is heard, they will do the same thing again, tracing and stalking my new address and sending malicious communications to my new neighbours, which is ruining my life and causing me to live in fear.

              I would therefore like to ask the court for some kind of initial emergency order, preventing this person and also any of their friends & associates from any further communication or harassment to any of my future neighbours, to prevent any further damages of me being repeatedly forced to move home.

              Is it acceptable for me to ask to the court for this?

              I am sorry to ask so many questions, but my next questions are:

              1. If I apply for help with fees for my application, can those fees be claimed as costs to be paid by the other person, in addition to costs for my own time spent dealing with this? If so, do I ask for those costs on the application form, or within my witness statement?

              2. Is it possible to ask the court to deal with this application before the ongoing court claim against me is heard? As if it is not dealt with before, then there is currently nothing stopping this person from stalking me again to new address and doing the same thing as before.

              3. If I move address before the ongoing court claim is dealt with, can I ask the court to withhold my new address from any court correspondence. I do not want this person having my future address due to fear and their past stalking and harrassing behaviour and actions.

              Thank you




              Comment

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