Non Molestation Order

[Messi10]

Hello,

I hope I have posted this post in the correct thread, this is the first time I am posting on here.

If anyone has any advice I would be very grateful. I currently have a non-molestation injunction order against my cousin brother, this is an interim injunction with has no expiry date.


I am in the process of obtaining a permanent injunction.

Just a brief summary of what's happened. My cousin brother has been harassing me since 2007 - accusing me of being a paedophile and meeting 12-13 years girls for se,x. He has been threating me over emails, text messages, on the phone and whenever he see me face to face when there is nobody else present. I would like to add I am NOT a paedophile nor has my cousin brother presented any evidence I was grooming young girls and had se,x with them.

Being from an Indian background I decided not go to the Police and decided to deal with this issue within the family. Unfortunately his parents defended him saying I needed evidence etc..

It wasn't until 2013 I decided to report this harassment to the Police after he launched explicit expletives at me being a paedophile at a petrol station.

My cousin was arrested and questioned but let go as he was caught on camera but there was no audio. Therefore they could not charge him.

Last November my cousin went on twitter, found my account on twitter and started to post my twitter username and my photo on twitter tweeting I was a paedophile and how I wanted to have se,x with young girls. He also launched abusive words as well as a death threat to me in the words "bang bang bullet" and "bang bang"

I called the police who said they could not help me as I had no proof it was my cousin brother. They said they cant contact twitter as its costs them around £1k every time to do so to investigate.

In the end I decided to get some advice from a lawyer who helped me get a interim injunction with a view of obtaining a permanent one which is what I am doing now

My cousin is forbidden to have any communication with me by any means such as phone, text, social media etc, interrupting me etc..

My cousin has got back to the court writing his defence denying all wrong doing and stating I have no evidence.

In April this year I found my cousin has tried to add me to LinkedIn when I logged into my account last week. I showed this to my lawyer, took screenshots and even download a screen recorder to capture the evidence that he was harassing me. In addition I managed to retrieve some emails he sent me from his email address accusing me of being a paedophile which I forwarded to my lawyer.

My lawyer has advised me he has broken the injunction and to notify the police and file a report against him. I called the police they wanted to know if my injunction has any powers of arrest attached to it - which it doesn't.

My cousin has got back to the court writing his defence denying all wrong doing and stating I have no evidence.

My question is if I go to the police with the evidence can the police act on this or will they brush it off? How do they catch people who make threats to celebrities and royal family members when they use fake accounts? I would have thought they could get the IP address location, username, OS system, geolocation.

also was the police correct in saying they cant act on the twitter threats as its a fake account?

Thank you for any replies and advice.

[stevemLS]

Re: Non Molestation Order

Hi and welcome

God what an awful situation. Do you know what his motivation is?

I don't know the answer about the twitter account although I imagine if the account can somehow be traced to him and in itself shows evidence of breach of the interim injunction then it should be capable of being used as evidence.

The police are right in that unless there is a power of arrest attached to an injunction there is little they can do, the process is to get the other side back before the court and then, perhaps, apply for a Warrant of Committal.

I have to say though, that in my experience, the process seems to be that the offender gets a stern ticking off by the judge and warned of the consequences of any further breach, perhaps a penal notice is attached to the original order, and they get sent off with a flea in their ear. Committal only becomes a real possibility on second or subsequent breach (except in particularly egregrious cases). It is then limited to two years and is very often much shorter - designed to be what used to be called a "short sharp shock".

Have you got a hearing date to make a full rather than interim order? Perhaps that can be expidited.

(This is an area where I only have limited experience, others may be able to offer further suggestions).

Best wishes.

[Messi10]

Re: Non Molestation Order

Thank you for your prompt reply,

I believe he his jealous of my success, also at his sisters wedding he stole my mums mobile phone and he was caught. I then emailed all my extended family members including him (as I did not know at the time it was him behind it all) that his dad managed to find my phone (his dad was covering for him to save embarrassment)

My cousin got angry that I emailed family members that his dad found my mums phone at his house - everyone knew what my email meant...

Might I add he has been arrested by police numerous time, is a drug addict and spent time in prison.

Would you know if a non-molestation injunction has a power of arrest? I was reading on http://www.injunction-direct.com/faq.html it states.

'A 'Power of Arrest' can now only be attached to an Occupation Order and not a Non-Molestation Order due to the Domestic Violence Crime & Victims Act 2004, which came into effect in September 2005. This law has now made breaching a Non-Molestation Order a criminal offence. Therefore, the police are obligated to arrest someone breaching this court order. '

[stevemLS]

Re: Non Molestation Order

As I understand them, Non-Molestation Orders can only be made in the context of family proceedings (although those proceedings need not have been comments) s42(2) Family Law Act 1996 so they just would not apply in your circumstances with you and your cousin. (Where they are made they don't need a power of arrest as s42A makes it a criminal offence to breach such an Order)

The Protection from Harrassment Act 1997 does though and you may get a more helpful response from the police if you make a complaint of harrassment rather than breach of your existing interim injunction. Again, my understanding is that on receipt of a complaint of harrassment the police will issue a harrassment warning and further incidents will lead to their arrest.

There have been a few recent high profile cases where online abusers have received custodial sentences, presumably with no warning as they were "anonymous".

However, Non Molestation Orders are generally made, I believe, in domestic violence cases and I fear this will be a dead end for you to pursue.

Can you speak to your lawyer about getting him back before the court for contempt?

[Messi10]

Re: Non Molestation Order

I showed my lawyer the evidence of him adding me to linkedin, he said its a breach of the order. I was advised my lawyer to go to the Police and file action against my cousin.

When I called the police they did ask if the injunction mentioned powers of arrest which is does not, I am seeing the police tonight at 9pm.

[stevemLS]

Re: Non Molestation Order

Good luck with seeing the police, make sure you mention harrassment within the meaning of the 1997 Act.

[Messi10]

Re: Non Molestation Order

Hello everybody,

Update: I logged into my LinkedIn Account to close it to find I have a friend request sent from my cousin brother who has been harassing me since 2007, his profile contains his photo, all his employment info - where he works, even has his wife as a connection.

My lawyer advised me that my cousin brother has broken the injunction - since he is not allowed to interfere with me through any means including social media. I was advised by my lawyer to go to the police to report it.

In August I went to the police with evidence screenshots that my cousin had added me. I had even made a screen recording and bought in my laptop to show the police officer.

The police officer was not interested at all claiming how do I know its him, How do you I know its my cousin brother's LinkedIn account - claiming it could be anybody. The policeman's attitude was horrible. I then explained to him I have an injunction against my cousin brother suddenly he changed his attitude. However he was still not interested.

I then showed him evidence how I imported my Hotmail contacts to LinkedIn (I stored my cousin brother's email address in my contacts list) when the import was complete it showed my cousin in a list of friends I could add from my Hotmail contact list. Its showed my cousin brother's email address being associated with the linkedin account which he has.

Again the police rejected this has evidence.

In the end I had to employ a forensic linguist to analyse the emails, the text messages, the twitter abuse and threats. The reported worked out in my favour and was advised by my lawyer to show the police.

I called the police and for 3 months me and this police officer I dealt with kept leaving each other voicemails as at times I would miss him when he would call me (the policeman) he would say he now off duty and will be back in 2 weeks etc.

I got frustrated with this, the policeman gave me his email address so I could email him the forensic linguist report. In the end I wrote him a very strong email how disappointed I was with the whole handling of the investigation before I sent the email I sent it to my lawyer who called me and advised not to send the email. Instead he said he would rather let the court deal with it implying its best not to involve the police to much as if they do investigate where the emails came from, twitter threats etc. and the police could come back saying our evidence does not amount to anything therefore could destroy our case. In the end I emailed the police officer stating the case has been allocated and I will show the evidence to the court.

My trial has been listed finally after a year. Is my lawyer right?

[Messi10]

Re: Non Molestation Order

Would really appreciate any advice. My Trial is in June, however my cousin has now made an offer out of court settlement offer which I accepted. However I noticed during disclosure he stated I had been writing his family harassment letters since 1997 approx. 30 letters of which 28 my cousin destroyed and only kept two - one from March 2016 and the other from Jan 2015.

Upon inspecting these letters I noticed how much the writing in the letters were very similar to my cousins writing in his defence form and wedding invitation card he had sent me in the past.

I got a handwriting expert to analyse the letters with my cousins defence form and invitation cards - the report concludes that both the questioned (letters) and known (Defence form and invitation cards) writing is from the same hand. I now have evidence that my cousin fabricated evidence during disclosure

I am still waiting payment from my cousin which will take place this week. Can anything be done about my cousin fabricating evidence?

Any advice will be appreciated.