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Ya-sai
Lv 7
Ya-sai fragte in Politics & GovernmentLaw & Ethics · vor 7 Jahren

Civil Injunction?

My daughter who is 18 has met a guy who seems to be stealing something from us each time he turns up. My daughter was unable to stop him taking a laptop. He has since said the laptop is lost. Been to the police. They mentioned a civil injunction. Is it possible to get one for this kind of theft.

Update:

Ok. There's more to the story, she met him when she was 16, we think he is in his late 30's. He seems to have 'brainwashed' her. We thought she would grow out of it, but he's still hanging in there (as she gives him all her uni allowance). We have never ever met him, we have tried, but she says 'you don't deserve to meet such a nice person'.(I ask you!) The police are looking into it. They mentioned this civil injunction......professionals tell us to always keep a door open for her......

3 Antworten

Relevanz
  • vor 7 Jahren
    Beste Antwort

    A civil court injunction is an order that requires an individual, business or other entity either to stop or continue a specified activity. There are two general types of injunctions: temporary injunctions and a permanent injunctions. If you, your business or some other entity you operate faces harm through the actions (or the failure to act) of another individual, business or organization, a civil court injunction might be the appropriate relief. Obtaining a civil court injunction is not an easy process.

    1

    Draft a petition for a civil court injunction. You can obtain standard forms from the court clerk's office to assist you in preparing a petition for a civil court injunction.

    2

    Request the issuance of a temporary or emergency injunction pending a hearing on a permanent injunction. Include facts sufficient to establish that absent an immediate temporary or emergency injunction, you, your business or organization will suffer irreparable harm. A hearing is not required before the issuance of a temporary restraining order.

    3

    Include language in your petition for a civil court injunction requesting a permanent injunction as well. A permanent injunction requires the other party to halt the activities complained of (or to carry out a promised task) into the future. A permanent injunction is not considered by the court until a full hearing is conducted on your petition.

    4

    Prepare an affidavit (statement signed under oath in front of a notary public) to attach to your petition. The affidavit sets forth the specific allegations as to why you are entitled to a civil court injunction.

    5

    File the petition for a civil court injunction with the clerk of the court.

    6

    Request the clerk of the court to serve the petition for a civil court injunction on the opposing party. If the judge signs a temporary civil court injunction, it will be served at the same time.

    7

    Obtain a hearing date on your petition for the permanent civil court injunction from the clerk of the court. Notify the opposing party of the hearing date and time.

    8

    Appear at the hearing to present evidence and arguments supporting your request for a civil court injunction. If you persuade the court that you will suffer irreparable harm absent a permanent injunction order, the court will grant you the relief requested. If you do not meet this objective, the court will dismiss the temporary injunction.

  • vor 7 Jahren

    Tell her she is not to bring him to your address, or she will be evicted. I assume you are the primary renter, or the owner of the home. If she defies that, start eviction proceedings against her. As the person bringing a (suspected) thief into the house, she is an accomplice once she knows he probably did it before. She doesn't have to live there, if she is making such bad choices and bringing in criminals. If she gives him the boot, and he keeps coming back, then she can take out a restraining order on him - but you should start with the source. She brought him in first. She can meet with him elsewhere, or go live someplace else. Start by placing the responsibility where it lives.

  • Anonym
    vor 7 Jahren

    So don't let him in your house, for god's sake get a grip! do you want him to take all your possessions? you can report him to the police for theft,if you have any proof of course! point out to your daughter what a low life loser he is and she can please herself, but he is not to come into your home at all!

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