Help! Need to file an injunction asap

[jellsbells]

I am being harassed by my ex mother in law it’s awful I won’t go into the details but I submitted a statement and evidence to the court yesterday for a non molestation order and they rejected it as we are no longer related and I need to now file an injunction with a £308 court fee. Best money ever spent but I don’t have a clue how to fill in the form n16a. Can anyone help me please? Asssuming I can use the same statement and evidence as attached to my non mo application yesterday.

[echat11]

I am being harassed by my ex mother in law it’s awful I won’t go into the details but I submitted a statement and evidence to the court yesterday for a non molestation order and they rejected it as we are no longer related and I need to now file an injunction with a £308 court fee. Best money ever spent but I don’t have a clue how to fill in the form n16a. Can anyone help me please? Asssuming I can use the same statement and evidence as attached to my non mo application yesterday.

Here's Guide, hope it helps -

https://asbhelp.co.uk/home-practitio...practitioners/

[islandgirl]

I am unsure how the court can reject something it has not heard? Did the court not let you file it? Has the issue been dealt with by the Police at any point?

[jaguarsuk]

I am unsure how the court can reject something it has not heard? Did the court not let you file it? Has the issue been dealt with by the Police at any point?

Non-molestation orders are obtained under the Family Law Act 1996, a person not related can't get one and therefore the court can reject the application upon reading it.

[islandgirl]

Thank you for the information Jaguarsuk that makes sense. I have issued non contact orders against non- related people in the past in connection with criminal offences (eg harassment) which is why I asked about the Police.

[jaguarsuk]

Thank you for the information Jaguarsuk that makes sense. I have issued non contact orders against non- related people in the past in connection with criminal offences (eg harassment) which is why I asked about the Police.

You're welcome.

It should be reported to the Police, but in some instances it can literally be laughed off and I say that from personal experience. A decent police officer should warn the person under the Protection from Harassment Act 1997 and if the behaviour persists then arrest the individual for committing an offence contrary to it. Sadly when it's deemed to be 'domestic' the letter of the law isn't always followed and I can understand why seeking a civil order would come into play to leverage the police to act.

[jellsbells]

The court came back and rightly said I can’t have a non mo due to not being related but I can file a civil injunction which I have. I’ve just found out a hearing date has been set for 11th October. I’m relieved but anxious and nervous. Yes the police have been involved numerous times but they don’t ever do anything. She’s avoided questioning by being drunk or just not answering her door. She’s was served with a harassment notice in 2012 but the second a year was up she started again. She has made numerous allegations to social services about myself and my new husband abusing our children, she’s written to three of my previous employers telling them I’m a prostitute, she’s definitely keyed my car but I couldn’t prove this. My life has been hell for 7 years. I just want her to leave me alone. Am worried it’s going to cost me £££££s more when all I want is an official person to tell her to stop, even get her the help she clearly needs.

[islandgirl]

I am so sorry. The only suggestions I can make are a) cctv cameras and b) logging every incident and insisting that the Police act - write to the Chief Constable if necessary. 2 proveable incidents is enough for harassment...Good luck on 11th October please come back and tell us how you get on.

[jellsbells]

So when I made this application I made it to my local county court, who then said they had no jurisdiction so they passed it over to anoher county court - I didnt question it, why would I? So I happily paid the £308 to the new county court but the original court, who I assumed would just passover my application and not do anything with it have emailed me today:

The Judge has taken a preliminary look at your application and made the following comments;

“The applicant sets the Anti-Social Behaviour, Crime and Policing Act 2014 as the legal basis for this application. The applicant is not a public authority listed in section 5 of that Act and has no standing to make an application.

Please invite the applicant to amend the application to set out the legal basis for it. She cannot rely on the 2014 Act and Part 8 of CPR is a procedural provision and not a substantive legal basis for the application.”

I don't know what to do.... I used the template that someone kindly put on here for me, I don't know what to do with my application which has been accepted at the other court???? - if I reapply will I pay another set of fees? This is so unfair.

[jellsbells]

I have my hearing tomorrow the defendant is defending the whole claim not sure how she can to be honest it’s there in black and white with oodles of evidence. It’s a 30 minute hearing anyone know what I can expect to happen?

[jellsbells]

I was successful in getting an injunction today but had to agree to cross-undertakings. My question is now.... during the first hearing she admitted sending me some disgusting emails and also in her own witness statement has admitted to contacting my employer.... can I go back to the police and ask of the criminal complaint to be relooked at now I have in writing her admission or do I have to rely on a civil injunction as a remedy? - the injunction only lasts a year.