Assaulted on someone elses property, please help

[devereux]

Hi,

This question is not entirely related, but I was hoping someone could help.

I recently arrived at my ex's house to collect my son as agreed. I knocked on the door, but she refused to let him come out. I knocked again and said the words 'Please let me see my son, Ive drove an hour to get here'. At this point her thuggish husband opened the door and grabbed me by the collar and pushed me back down the drive onto the street. He ripped my coat and I was certain that I was going to get punched.

Neighbor was outside and witnessed it, I recorded the audio on my phone and it is also caught on the neighbors cctv camera.

I called the police and reported the assault (I have also received death threats from this thug in the past. These have also been previously reported)

The police have interviewed the neighbor who has confirmed she saw thug pushing me down the drive and also that it can be seen on the cctv footage, however he has just recorded it as a verbal disagreement.

It turns out that my ex called the police before I did to report that I had been at the house acting aggressively and refusing to leave so they had to remove me using reasonable force.

I am really unhappy about this because I think its not being treated seriously by the police. The reasons why are -

1. The thug works for the emergency services in a building connected to the police station which investigated it.
2. The police have not asked to listen to my recording which clearly shows that I did not in any way act aggressively. Neither did they ask me to leave the property like they claim.
3. They keep describing it as a simple push, when in fact the guy grabbed me by both collars almost lifting me off the ground and marched me backwards for about 15yrds ripping my coat.
4. They are not interested in all the threats to me made previously. (one which was witnessed and another recorded on my phone)

What should I do? Im worried that this will happen again, or worse the next time I go to collect my son.

I know this is not Bailiff related, but I thought someone on here might know the law with regards to removing visitors from property.

Thanks

D

[bluebottle]

Re: Assaulted on someone elses property, please help

Hi Devereux and welcome to Legal Beagles.

This sort of behaviour by police officers makes me very angry. I am a retired policeman, but am what is called "old school".

If an Access Order has been made by the courts that requires your ex-wife to allow you to see your son, then, unless the court varies it, she is duty-bound to comply with the order. If she does not, she can be hauled in front of a judge and asked to explain why she is not complying.

In cases involving children where the natural parents are divorced, persistent and repeated non-compliance with an Access Order can lead to a court reviewing the custody arrangements.

As regards Rent-A-Thug, in what capacity does he work for the emergency services?

[devereux]

Re: Assaulted on someone elses property, please help

Hi Bluebottle,

There has been no court order over access. We have made our own arrangements for the past 4 yrs, but I do have an email from ex with all agreed dates and the date and time I arrived was as agreed.

Rent - A - Thug works for the fire service. I have threatened them with the police before and they just mock me, saying "he's an upstanding member of the community, nobody would believe you". That's why I started recording everything. I have a particularly menacing recording of a phone call telling me that they have been looking into my address and that I should watch my back! I reported it to the police and got an incident number but I asked them not to take it any further in case it made things worse.

Thanks for your help

D

[Amethyst]

Re: Assaulted on someone elses property, please help

Regards Rent-A-Thug - are you happy your ex and child are safe residing with him?

What has changed in between your last visit and this one ?

You mention threatening them with the police before ? Have incidents like this happened previously ? In the presence of your son ?

[devereux]

Re: Assaulted on someone elses property, please help

Hi Amethyst,

This incident happened when my son was at the property although I am not sure if he witnessed it. I have found a solicitor and started court proceedings already. They have been trying to alienate me from my son for the past year but have now withdrawn all access since the incident. The court case should go well because I have a fantastic bond with my son and lots of evidence that I have had access every weekend for the past 4 yrs.

D

[bluebottle]

Re: Assaulted on someone elses property, please help

Hi Bluebottle,

There has been no court order over access. We have made our own arrangements for the past 4 yrs, but I do have an email from ex with all agreed dates and the date and time I arrived was as agreed.

Rent - A - Thug works for the fire service. I have threatened them with the police before and they just mock me, saying "he's an upstanding member of the community, nobody would believe you". That's why I started recording everything. I have a particularly menacing recording of a phone call telling me that they have been looking into my address and that I should watch my back! I reported it to the police and got an incident number but I asked them not to take it any further in case it made things worse.

Thanks for your help

D

Okay. Rent-A-Thug can be dealt with by way of a formal complaint to the Chief Fire Officer for the area he and you ex-wife reside in. Although Fire & Rescue services do not normally become involved in the private and personal affairs of their personnel, where it affects third party, especially in the circumstances you describe, then they can become involved. However, it is on a case-by-case basis. It is not standard policy.

The issue of the police taking next to bugger-all in the way of action, this should be pursued with the Chief Constable for the area. If it is Greater London, then it is the Commissioner of the Metropolitan Police Service.

Not having a formal arrangement as regards access to your son means that there is nothing to prevent similar incidents to the one you have described. However, having said this, even formal arrangements can run into problems. It is just that having a formal arrangement makes it easier to uphold your right of access.

The best advice I can give you is to speak to a legal professional specialising in Family Law. They are better-placed to advise you as to the options you have open to you.

[devereux]

Re: Assaulted on someone elses property, please help

Thank you Bluebottle,

I will definitely take your advice and keep you updated. I already have a good solicitor who is handling the contact so will have a chat with her about this.

D

[bluebottle]

Re: Assaulted on someone elses property, please help

Thank you Bluebottle,

I will definitely take your advice and keep you updated. I already have a good solicitor who is handling the contact so will have a chat with her about this.

D

Hi Devereux,

I've just picked up on Amethyst's post which crossed with my posts. Having a good legal professional working for you is worth its weight in gold. I wish you every success with the proceedings and for a just outcome.

Bluebottle

[Sir Vere Brayne d'Emmidge]

Re: Assaulted on someone elses property, please help

Okay. Rent-A-Thug can be dealt with by way of a formal complaint to the Chief Fire Officer for the area he and you ex-wife reside in. Although Fire & Rescue services do not normally become involved in the private and personal affairs of their personnel, where it affects third party, especially in the circumstances you describe, then they can become involved. However, it is on a case-by-case basis. It is not standard policy.

The issue of the police taking next to bugger-all in the way of action, this should be pursued with the Chief Constable for the area. If it is Greater London, then it is the Commissioner of the Metropolitan Police Service.

Not having a formal arrangement as regards access to your son means that there is nothing to prevent similar incidents to the one you have described. However, having said this, even formal arrangements can run into problems. It is just that having a formal arrangement makes it easier to uphold your right of access.

The best advice I can give you is to speak to a legal professional specialising in Family Law. They are better-placed to advise you as to the options you have open to you.

What's wrong with the good old fashioned dark alley and a cricket bat?

[Sir Vere Brayne d'Emmidge]

Re: Assaulted on someone elses property, please help

What's wrong with the good old fashioned dark alley and a cricket bat?

Sorry, just being fececious

[charitynjw]

Re: Assaulted on someone elses property, please help

What's wrong with the good old fashioned dark alley and a cricket bat?

The lack of light may inhibit the ability to smash his googlies over the boundary!

(Well, you started it, Sir Vere! )

[Tools]

Re: Assaulted on someone elses property, please help

I have moved your thread to Family Law.

Good to see you have enlisted the services of a Family Law solicitor, hopefully they will apply for a contact order and eventually CAFCASS should be involved. Also glad to see you posting here too, support and advice from a community such as BEAGLES helps many people get through problems such as this and usually raises good questions/suggestions (as you have already received below) to put to your solicitor.

[MissFM]

Re: Assaulted on someone elses property, please help

Regards Rent-A-Thug - are you happy your ex and child are safe residing with him?

What has changed in between your last visit and this one ?

You mention threatening them with the police before ? Have incidents like this happened previously ? In the presence of your son ?

Hi Devereux

My anxieties lie in the same area as Amethyst's (quoted above and as I understand).

This man is obviously a loose cannon and a very jealous one - who's to say his resentment mightn't turn towards your son?

If it were me, I would get Cafcass involved right away. Their remit is to advocate the needs of the child regardless of any other consideration.

From the information provided above, I would not think that this fellow has your son's needs as paramount.

[bluebottle]

Re: Assaulted on someone elses property, please help

What's wrong with the good old fashioned dark alley and a cricket bat?

I would probably need some help from the bats (flying variety) who live in the woods opposite my home to tell me where Rent-A-Thug was in order to whack him with a bat (wooden variety). However, the song "Knock On Wood" comes to mind, so it might be an exercise in futility and well as knackering myself in the process. :grin:

[Johnysam]

Re: Assaulted on someone elses property, please help

I would suggest if you are sure about the incident then get in touch with the local police.