Injunctions — Beware of compromises. (29/10/09). View PDF version here
As human beings we are all very different from each other. Some would celebrate the fact that we are all unique. However, what happens when you come across someone who doesn't think and act like you do. More than likely they get a bit up your nose at best, or at worst they get you very irate indeed.
A lady contacted me recently about her son who had split up from his girlfriend. Whenever this lady saw her son's ex-girlfriend out in the street she was subjected to abuse and a scene. This lady thought an injunction would keep the ex-girlfriend at a distance but unreasonable people do not tend to act so reasonably. At court the girlfriend said it was the Mother who was abusing her and she wanted the Mother to stay away from her. It's one word against someone else's.
It is human nature that we can all fall out with each other but hopefully in the majority of cases we can either make up or just choose to go our separate ways. For those however who cannot make up or choose not to go their separate ways, life can be very difficult indeed.
We usually see this sort of thing when a couple separate. There is usually so much emotion involved that things can get desperate. One person might want the other to leave the marital home but the other doesn't see why they should so what happens then? Some may try and force the issue through an injunction and may make allegations which are unfounded to get the other person to move out. If this happens to you what should you do?
Having your day in court to defend allegations will cost and you may not get a speedy conclusion. Once at court, you may be tempted to come to some sort of arrangement. With allegations of violence you could agree that you will not be violent to your partner in the future just to get out of court. While these are speedier conclusions you must also be aware that this will be on your record. If further allegations are made against you your record will state that you have been to court before. Your record has already been tarnished. If someone has made allegations against you what's to stop them doing it again? Fighting your corner without compromising is certainly one solution worth considering. Don't forget also that swallowing your principles and moving out before it got to that stage is also another.
My advice is to think carefully before going to court, principles are all well and good but you must also think of the cost to your state of mind, your future and your wallet. But if you do go to court, be prepared to argue it out.
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